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KLEASEN v. STATE

No. 56073.

560 S.W.2d 938 (1977)

Robert Elmer KLEASEN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Motion for Rehearing Denied February 8, 1978.

Attorney(s) appearing for the Case

Marvin O. Teague, Houston, on appeal only, for appellant.

Ronald D. Earle, Dist. Atty. and Charles E. Hardy, Asst. Dist. Atty., Jim D. Vollers, State's Atty., Austin, for the State.

State's Motion for Rehearing Denied February 8, 1978.

OPINION

BROWN, Commissioner.

Appellant was convicted of the Capital Murder of Mark Fischer, a missionary of the Church of Jesus Christ of the Latterday Saints. The jury found appellant guilty of murder during the course of robbery, and answered "Yes" to the special issues submitted to them pursuant to Article 37.071, Vernon's Ann.C.C.P. Punishment was assessed at death.

The conviction...

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