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CHAPPELL v. STATE

No. 48820.

519 S.W.2d 452 (1974)

Larry CHAPPELL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

September 18, 1974.

Attorney(s) appearing for the Case

Jerry L. Jamieson and Mike Beard, Waco, for appellant.

Martin Eichelberger, Dist. Atty., Dick Kettler, Ken Crow, Joe Guyton, and Frank M. Fitzpatrick Jr., Asst. Dist. Attys., Waco, Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

Appellant was convicted of murder; punishment was assessed by a jury at death. Subsequently, the Governor commuted his punishment to life imprisonment.

At the outset we are confronted with a jurisdictional problem. Article 44.08, Vernon's Ann.C.C.P., provides in part:

"(a) It shall be necessary for defendant, as a condition of perfecting an appeal to the Court of Criminal Appeals, to give notice of appeal . . ....

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