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BURK v. STATE

No. 39722.

406 S.W.2d 915 (1966)

Freddie Ray BURK, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 26, 1966.

Attorney(s) appearing for the Case

Robert B. Maloney (on appeal only), Dallas, Sam N. Vilches (on appeal only), Dallas, for appellant.

Henry Wade, Dist. Atty., John C. Vance, Tom F. Reese and W. John Allison, Jr., Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

McDONALD, Presiding Judge.

The offense is murder with malice; the punishment, confinement in the state penitentiary for 99 years.

The record reflects that on the evening of September 3, 1964, appellant and the deceased vied for the attention of Mrs. Shirley Martin, a 15-year-old married woman separated from her husband, and that Mrs. Martin finally entered an automobile with the deceased, and the couple drove away. Appellant walked a short...

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