WASHINGTON v. STATE

No. 55000.

559 S.W.2d 825 (1977)

Herbert Sherril WASHINGTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Motion for Rehearing Denied January 18, 1978.


Attorney(s) appearing for the Case

Jack J. Rawitscher and J. Edwin Smith, Houston, on appeal only, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Charles C. Cate, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., Austin, for the State.


State's Motion for Rehearing Denied January 18, 1978.

OPINION

BROWN, Commissioner.

This is an appeal from a conviction for the offense of capital murder. Appellant was convicted of the murder of John Thomas Henry while in the course of committing robbery. On April 27, 1976, the jury answered "yes" to the special issues submitted under Article 37.071, Vernon's Ann.C.C.P. and the punishment was assessed at death.

Appellant now contends that...

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