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SHIPPY v. STATE

No. 53831.

556 S.W.2d 246 (1977)

John Charles SHIPPY aka Jon Frank Prewitt, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 1, 1977.

Certiorari Denied October 31, 1977.

Attorney(s) appearing for the Case

Stephen E. Blythe, Edward S. Johnson, Temple, for appellant.

Joe Carroll, Dist. Atty., Belton, Bob D. Odom, Atty. Pro Tem. appointed on appeal, Killeen, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

Certiorari Denied October 31, 1977. See 98 S.Ct. 422.

OPINION

ODOM, Judge.

Appellant was convicted for capital murder. The trial court assessed his punishment at death after the jury affirmatively answered the issues submitted to them at the punishment phase of the trial. Article 37.071, V.A.C.C.P.

The record reflects that the deceased returned from work to his home where he discovered appellant in the act of burglary and theft. Appellant...

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