STOGSDILL v. STATE

No. 54781.

552 S.W.2d 481 (1977)

Kenneth Dee STOGSDILL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 22, 1977.


Attorney(s) appearing for the Case

Thomas W. Schueller, Wichita Falls, for appellant.

Timothy D. Eyssen, Dist. Atty. and Roger E. Towery, Asst. Dist. Atty., Wichita Falls, Jim D. Vollers, State's Atty. and David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for capital murder. Punishment was assessed at death.

Appellant contends that the court erred "in holding evidence to be sufficient to sustain conviction, when circumstances amounted to `strong suspicion' and `mere probability' of Appellant's participation in the offense charged."

The indictment upon which the prosecution was based charged in pertinent part that appellant "on...

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