The Battalion. (College Station, Tex.) 1893-current, May 19, 1982, Image 4

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Louisiana court orders
retrial in Houston case
Warped
To i
By Scott McCh
United Press International
NEW ORLEANS — The
Louisiana Supreme Court has
ordered a new trial for a man
sentenced to death for killing a
Houston businessman who wan
dered into a housing project.
In a 4-3 decision, the court
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Next to the Ramada Inn, C.S.
overturned the first-degree
murder conviction of Joseph
Marshall, who was sentenced to
the electric chair in the shooting
death of Borden Co. executive
Max Minning, 62, on March 23,
1980.
The court was prompted to
order a new trial because the ori
ginal judge refused, without a
hearing, to consider a request to
appoint a separate attorney to
represent co-defendant Kevin
Marshall, justices said.
A 1980 U.S. Supreme Court
decision requires a separate trial
attorney be appointed to repre
sent any co-defendants if the
judge is asked to do so, the state’s
high court said.
“The trial judge must either
grant the request or investigate
the risks of multiple representa
tion if there is a possibility of
conflict of interest,” the court
said.
The two Marshalls, who are
not related, were represented by
the same court-appointed attor
ney in separate trials and both
were convicted.
Kevin Marshall pleaded guil
ty to manslaughter in the slaying
and was sentenced to 21 years in
jail.
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|ure ad
Refinery explosions kill
one, injure two in Kilgore
United Press International
KILGORE — A series of ex
plosions rocked a north Kilgore
refinery Tuesday, igniting a rag
ing fire which killed one person,
injured two and forced the eva
cuation of a nearby school, offi
cials said.
The identity the victim was
not released.
A spokeswoman at Roy H.
Laird Memorial Hospital in Kil
gore said the victim was dead on
arrival. One man was treated
and released and another was
transferred to the burn center of
Parkland Hospital in Dallas.
Officials said the fire erupted
about 8:30 a.m. at the Shore Oil
Co. Fire fighters from Longview
TWO OF THE HICEST, SWEETEST GUYS
EVERTO PLAY FOOTBALL ON DRINKIN’ DOWN BEER
AND EATIN’UP QUARTERBACKS
by Bubba Smith and Dck Butkus
BUBBA: Now that we're not playin’
football anymore, we spend more
time poppin’ tops off cans of Lite
Beer from Miller than poppin’
quarterbacks.
DICK: But our favorite topic of con
versation over a couple of Lite
Beers is still the art of playin’
defense.
BUBBA: Yeah. The bigger we were,
the harder they fell.
DICK: Very true. Being big helps
give you presence. What I call
winning through intimidation.
BUBBA: But you also have to play
smart. Like watching the guy in
front of you for a tip. Sometimes the
position of a guard’s feet’ll tell you
where he’s gonna go once the
ball is hiked. Feet can tell you a lot.
I guess that’s why shoes have
tongues.
DICK: But smart guys remember
they’re on a team. Work with a
partner. Try to draw players, so
maybe he can get through.
This technique also works well
when you want to get a Lite Beer
in a crowded bar.
BUBBA: And drinkin’ Lite Beer is one
of the smartest things you can do.
Because Lite’s less fillin', so it won’t
slow you down.
DICK: Sure. And even though we’re
not playin’ anymore, after years
of eatin’ up quarterbacks, it’s nice
to relax with the great taste of
Lite Beer.
BUBBA: You might say we’ve gone
from being heavy hitters to Lite
drinkers. Right, Mr. Butkus?
DICK: Right, Mr. Smith.
and Tyler were called in to assist
in fighting the blaze, described
by one dispatcher as a “serious,
major fire.”
A company official said a
crew was welding in the area of
the explosion and a spark may
have touched off the explosion
at the small refinery which em
ploys about 30 people. There
were no damage estimates, but
one eyewitness said it appeared
most of the facility had been
damaged.
A Kilgore fire department
official said the fire appeared to
be under control at about 9:45
a.m.
“We’ve just about got it
knocked down,” he said.
Kilgore School Superinten
dent Bill Brantley said he could
hear and feel “four or five ex
plosions” at the school adminis
tration building a half mile away
from the refinery.
He said the evacuation of the
F.astview Elementary School,
three blocks south of the refin
ery, was very orderli
a visit to another sck
planned Tuesday.
“The buses wereal
and they were pra
their way when thei
started,” Brantley a
had been planned, so
out of danger righi
Brantley said 28i
and 14 teachers werti
from the school.
A Longview FireDi
dispatcher said two
d about 15 men lu
an
help fight the fire on
from the Kilgore firt
“We know ifsaven
the dispatcher said.“1
and 15 men isaprettv
In Tyler, a fired!
dispatcher said two
witn foam units
with seven men.
“With an oil fire,*;
do you much good, i
just sinks to the butt
have to foam the fire
uish it.”
Teen gets 2
for Houston
year
dea
United Press International
HOUSTON — A jury sent
enced a teen-ager to two years in
prison for involuntary man
slaughter in what the youth cal
led an accidental shooting death
of his 11-year-old friend.
Police testified Monday that
Jose Martinez Hernandez, who
was 17 at the time of the shoot
ing, ran to them and cried, “I did
it,” and placed his hands behind
his back to be handcuffed.
Hernandez, 18, said he was
showing Victor M. Barragan
how a pistol workedan
know the gun he was
was loaded when hep
trigger.
Barragan’s father,
Barragan, however,
dying son told him Hi
shot him for refusingti
some money.
The incident occun
Hernandez’ kitchen,
was reported stolen,
nandez testified he ha
the gun from a
street.
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