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MORALES v. STATE

No. 42743.

458 S.W.2d 56 (1970)

Leopoldo MORALES, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 7, 1970.

Second Rehearing Denied November 16, 1970.

Attorney(s) appearing for the Case

Richard T. Marshall, J. G. Lay, El Paso, Lucy R. Edwards, El Paso (on the brief), for appellant.

Jamie C. Boyd, Dist. Atty., and Thomas F. Keever, Asst. Dist. Atty., El Paso, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is murder; the punishment, death.

The fact that appellant killed four people and tried to kill a fifth is not questioned. In appellant's brief the following questions are propounded:

1. Did the Court err in refusing a new trial upon a Motion based on new evidence of insanity as a general defense? 2. Did the Court err in refusing a new trial where Appellant presented sufficient newly discovered...

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