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SIMON v. STATE

No. 39636.

406 S.W.2d 460 (1966)

Roland SIMON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 19, 1966.

Attorney(s) appearing for the Case

Lipscomb Norvell, Jr., Phillip Bordages, Beaumont, for appellant.

W. C. Lindsey, Dist. Atty., Beaumont, John R. DeWitt and Wendell C. Radford, Asst. Dist. Attys., Beaumont, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

McDONALD, Presiding Judge.

The offense is murder with malice; the punishment, 30 years in the penitentiary.

It is undisputed that appellant stabbed David "Priest" Comeaux during a crap game following an argument as to whether or not the deceased had "made his point", and that the deceased bled to death as a result of the stab wound. It was appellant's contention that he stabbed the deceased in...

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