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McKINNEY v. STATE

No. 44465.

491 S.W.2d 404 (1973)

Howard McKINNEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 28, 1973.

Attorney(s) appearing for the Case

Bowen C. Tatum, Jr., Huntsville, for appellant.

Jerry A. Sandel, Dist. Atty., Huntsville, Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This appeal is taken from an assualt to murder conviction wherein the punishment was assessed at three (3) years.

Originally this appeal was abated for failure to comply with Article 40.09, Vernon's Ann.C.C.P. See 477 S.W.2d 295 (Tex.Cr.App.1972). Those requirements have now been met and the appeal is reinstated.

The sufficiency...

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