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BURNS v. STATE

No. 50576.

556 S.W.2d 270 (1977)

James Paul BURNS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 25, 1977.

Certiorari Denied October 31, 1977.

Attorney(s) appearing for the Case

Timothy Ann Sloan and Richard J. Clarkson, Odessa, for appellant.

John H. Green, Dist. Atty. and Dennis Cadra, Asst. Dist. Atty., Odessa, 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

DAVIS, Commissioner.

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

The record reflects that on August 3, 1973, the appellant, Roy Owens, and Toby Burns picked up the deceased, G. W. McDonald, as he was leaving the Follis Drivein in Odessa. They all drove the deceased to a caliche pit, robbed him, and beat him. They left the deceased at...

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