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WHITMORE v. STATE

No. 52325.

570 S.W.2d 889 (1976)

James E. WHITMORE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Rehearing April 6, 1977.

Motion for Rehearing July 12, 1978.

Motion for Rehearing Denied October 4, 1978.

Attorney(s) appearing for the Case

Brantley Pringle and Robert Schmidt, III, Fort Worth, for appellant.

Tim C. Curry, Dist. Atty. and Marvin Collins, Asst. Dist. Atty., Fort Worth, Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the State.

State's Motion for Rehearing July 12, 1978.

State's Motion for Rehearing En Banc Denied October 4, 1978.

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for capital murder. Punishment was assessed at death. The indictment alleged in substance that Whitmore caused the death of Judy Carol Rummel by employing Harrell Totty for remuneration to kill her.

The evidence presented shows that at approximately 5:00 p.m., on September...

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