AUSTIN v. STATE

No. 38812.

398 S.W.2d 116 (1965)

John Henry AUSTIN, Sr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 2, 1966.


Attorney(s) appearing for the Case

Carnahan & Fields, Amarillo, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.


DICE, Judge.

The offense is murder; the punishment, five years.

The state's evidence shows that the appellant and the deceased lived in an apartment at 614 West 3rd Street in the city of Amarillo.

Maybelle Perry, called as a witness by the state, testified that on the night in question she went to appellant's apartment around 7 p. m. and after he had gone after some whisky the two started drinking. While they were drinking, someone knocked at the door...

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