Allen v. State

513 S.W.2d 556 (1974)

Clifton ALLEN, Appellant,

v.

The STATE of Texas, Appellee.

No. 48384.

Court of Criminal Appeals of Texas.

July 2, 1974.

Rehearing Denied September 24, 1974.

William F. Alexander, Kerry P. Fitzgerald, Dallas (on appeal only), for appellant.

Henry Wade, Dist. Atty., William L. Hubbard, Asst. Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for murder without malice. Punishment was assessed by the jury at five years.

At the outset appellant contends that the court erred in refusing to grant…