Abilene Reporter-News from Abilene, Texas • Page 96

6-B THE AIOI.RNK REPOhTER-NKWR AbUene, Tfeuratay Morning. December It, Appeals Court Reverses El Paso Murder Conviction OKNDAIlYf'lOi CLOSED SUN. AUSTIN, Tex. (AP) The Texas Court of Criminal Appeals reversed an El Paso murder conviction Wednesday and affirmed a San Antonio heroin conviction that it had reversed earlier. The appeals court said an El Paso trial judge should not have required a jury to find Robert E.

Kolliner Jr. failed to allow a police officer to identify himself before it could say Kolliner killed the officer in self-defense. After an altercation in a bar, Kolliner ran into a women's room, mistaking the door for an exit. The out-of-uniform officer, Manuel Jesus Marquez, burst through the door before Kolliner could come out, Kolliner said, and Kolliner returned his fire. "(Kolliner) must cnly react as anyone would under attack, and he owes no greater duty to an unknown peace officer than to anyone else," the appeals court said.

Richard Payton White drew 20 years on conviction for sale of heroin to a policeman. An informant, Jimmy Leveine, was present at the alleged sale, White said on appeal, and would have testified that there was no sale. But the state encouraged Leveine's disappearance on the ground that an informant is in danger once his identity is known. The appeals court reversed the conviction, agreeing with White that he had been denied due process of law. The state filed a motion for rehearing and argued that White failed to perfect his'appear because he did not show that Leveine was unavailable.

The appeals court reversed itself and affirmed the conviction on the ground that White's only evidence on Leveine's availability--a subpoena returned "not at this address" --was insufficient to show he could not secure ijeveine's testimony. Judges Wendell Odoms and Truman Roberts dissented. tW VVh9 Reports Studied AUSTIN (AP) Texoi Supreme Court: Civil appeals affirmed: Mobil Chemical Co. vi Edward Bell, Jefferson. Civil appeals reversed, remanded to Ihal court lor further prowedings: Herbert Knebel Capital National Bank.

Austin, Travis. Clvfl apptals reversed, trial court affirmed fn part, reversed in part: Lower Colorado River Authority vs Son Marcos. Travis. Civil appeals reverstd. trial court affirmed: Do-Col Paint Manufacturing Co.

vs American Inrjemnrty Dados. Writ of error granted: National Resort Communities vs Kenneth Cain, Writ of error refused, no reversible error: L.R. Giese vs J.W. Adams, Brazflrlo. 'Board of Adjustment, San Antonio, vs David Willie, Bexor.

Robert Krots vt Varo Doilas. First Savings loan Association of Del Rio vs Savings and Loan Commissioner W. Sole Lewis Travis. Seorte-Toylor Machinery Co. vs Brown OH Tools Inc Harris.

Casso-Guerra Co. vj Oscar Torres, Webb. Hertford Accident arid indemnity Co. vs Henry' Francis Haddock, Rusk. United Stoles Fidelity Guaranty Co.

Vs Ernest Duone Smith Dallas. Jane Elols HOmlll vs Gloriadine Bra- Shear, Hartley. Lauretta Marbarger Charles Jackson, Nutees. Bankers Mortgage Co. vs Houston, Harris.

Motions: Second motion for rehearing granted in par! ond overruled In part: Birdie Irene Birmingham vs Gulf Oil Noeces (motion by Flournoy DrlH- ina co. overruled, previous judgment set aside: trial court and civil appeals reversed, cause remanded to trial court tor further proceedings), Crlm Appls AUSTIN fAP) Texas Court of Criminal Appeals: Aitirmed: Andrew Gibson, Harris. Max Harold Smith, Dallas. Claude Oliver Reeves, Harris. David Watts, Bell.

Richard Payton White, Bexor (on state's motion for rehearing, reversal tet aside) Lewis Frailer, Bell, James Morris McCloud Manuel Joe Coronada, Wayne MurdccK Vrtss, and Pft- ter Anoelo Dallas. Juan Manuel Romero, Hays. George Washington, Lubbock. Richard Edwards, Dallas. Reversed ond remanded: Robert E.

oil liter El Paso. Appeal dismissed: Charles Coiby, Nolan. Relief denied: Ex parle Arron Taylor, Collln (habeas corpus), High Court Okays LCRA Rate Hike In San Marcos AUSTIN, Tex. (AP) The Lower Colorado River Authority has the power to raise its electricity rates in San Marcos without approval of, the city council, the Supreme Corn- ruled in a 5-4 decision Wednes day. San Marcos contended tte as a home rule city it had exclusive power' to regulat' utility rates in its boundaries The court's majority sail LCRA was given power to se rates in a general law passed by the legislature.

Such a law transcends the city's home rule powers, the court said. Dissenting Justices said the legislature clearly intended to reserve to the state the power to regulate LCRA rates and that this reserved power couli be exercised by San Marcos the state entity for that area The city also had contended that LCRA violated the Open Meetings Act by failing to mention rate matters in the notice of the meeting at which the rates were raised. But the court said this omission was cured by a later LCRA meeting for which proper notice was given. PUBLIC RECORDS MARRIAGE LICENSES ISSUED Robert Btnavldes, JIM Westmorland, to Candy Barbara smltn, UM N. Eugmt Arnrtt, 1M4 S.

6th, to Brendo LK Ingrain, 1934 S. 6lli. John Earl Ready Dyess to Debra Moraarft Pimberton, Dvns. Eddy Garordo De Los Santa's, Box 65S. to Christina Dt Las Santos, 1534 DIVORCE CASES FILED In Mmutlc RMitlnu Court In Re: Johnston, Charles Roscoe III and Delores M.

Harrison, Ronn G. and Cindy June. Rornos, Irene and Dlomedes. Creel, Cheryl ond Roloh. MartlMI, Wornl Ortiz ond Sonllogo.

While, morale Louise and Jasper Joe. Tyler, Dale and Olene Ruby. Tarew Diane and Gerald Ray. McKta. Connie Lee and Joseph Melton.

Ou'hrle, Eva Jo ond Robert Roy. Horton, Peggy sue ond Roberl Ellis. Smith, Doris Marie and Richard Lee Grohmon, Jotin and Harriet Severance, Cora and Glen Clwrlcs Jr. flLlD IN 41M DISTRICT COURT Anlanla R. Vlllamievo a vs.

Atlantic Mutual Insurance opocal of award of Industrial Accident Board. Amdur LMIMT and witch city, Amduer Lealtwr inc. vs. wilt- wwn Inc. ond Wymon winter- ton, suit on promissory note.

In Re: Cridr tortwg Smith, waiver of nenwlrmmi lor obtaining mar' SoVrTwiille Hall vi. Arthur Bolley mt Jomet w. lolliy. suit an imtot OIITHICT COURT Cfierfcr Oak Insurance A. covln, amtMl of award Musfrlol Accident Boord.

Iliri Foods, Inc. vi. B.J. Wadtttll, on tworn occounl. HUNTSVILLE, Tex.

(AP)Delegates to the Texas Governor's Conference on Criminal Justice, Standards and Goals accepted committee reports on police, community crime prevention, corrections and courts before adjourning their three-day meeting Wednesday. All segments of the reports a were based on guidelines set by the national Conference on Criminal Justice, Standards and Goals, but Leroy Jeffers of Houston, chairman of the conference, said the reports were tailored for the benefit of the majority of Texans. The police report deals with the concept of the police role and what the public expects of police, said Fred B. Tolar of Austin, executive director of the Texas Commmission of Law Enforcement. Mrs.

Darwin Winik of Dickenson, president of the Texas League of Women Voters, said her committee on community crime prevention war overwhelmingly in favor of increasing youth services as a means of combating crime and drug abuse. Theft Appeal Is Dismissed Reporter-News Anstto Bureau AUSTIN The Texas Court of Criminal Appeals has dismissed the appeal by Charles Cozby for felony theft in Nolan County. Cozby, given a five year, probated sentence for felony theft of a motor vehicle, filed a personal affidavit stating he no longer wished to pursue his appeal and asking tot it be dismissed. She added that otfter phases of ber study disclose a need for general revision of local zoning and taxing laws. The report on corrections was made by W.J.

Estelle director of the Texas Department of Corrections and Dr. Kirkpatrick, assistant director for treatment for the TDC. Estelle said his role was to Implement the criminal justice plan and added: "The citizens of Texas are finally coming to grips with tte standards and goals projection into a state of organization which will meet the expectations ff the majority of the people of Texas." CARPET 1301 BUTTERNUT 673-3775 OPEN MONDAY THRU SATURDAY 9:06 lo 6:30 AND OPIM THURSDAY NIGHT TILL 9:00 THIS WEEKS SPECIAL SHAG IHSTALLED AT $9.95 (FREE ESTIMATES) PORTRAITS IN COLOR GET YOUR CHILDREN'S PICTURE MADE WITH SANTA NO APPOINTMENT NECESSARY THUM, MT SLIDE PROJECTOR SALE Automatic focusing, fast f3.5 4" lens f2.8. Quartz lamp; auto- lens; forward and reverse, re- matic tocus and timer. Pop-up mote-control operation.

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