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SMITH v. STATE

No. 49809.

540 S.W.2d 693 (1976)

Ernest Benjamin SMITH, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Motion for Rehearing July 14, 1976.

Attorney(s) appearing for the Case

John F. Simmons, Dallas, for appellant.

Henry Wade, Dist. Atty., James B. Scott, Douglas D. Mulder, Stephen P. Tokoly and Winfield W. Scott, Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

On Appellant's Motion for Rehearing July 14, 1976.

OPINION

MORRISON, Judge.

The offense is murder; the punishment, under Article 1257, V.A.P.C. and Article 37.071, V.A.C.C.P., death.1

The record reflects that grocery store operator William Moon was killed during the commission of a robbery at his market.

By ground of error one appellant contends that the evidence...

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