LACKEY v. STATE

No. 61094.

638 S.W.2d 439 (1982)

Clarence Allen LACKEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

On Rehearing September 15, 1982.


Attorney(s) appearing for the Case

Jack Stoffregen, Lubbock, for appellant.

John T. Montford, Dist. Atty., Lubbock, Yvonne M. Faulks, Asst. Dist. Atty., Robert Huttash, State's Atty., Austin, for the State.

Before the Court en banc.


OPINION

McCORMICK, Judge.

Appellant, after being found competent to stand trial in an Article 46.02, Section 4, V.A.C.C.P., jury competency hearing, was convicted of capital murder. Punishment was assessed at death. The sufficiency of the evidence is not challenged.

Diane Kumph was abducted from her Lubbock apartment shortly before dawn on July 31, 1977. Later that day, her partially nude body was discovered beside a dirt road outside of Lubbock...

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