OPINION
DALLY, Commissioner.
This is an appeal from a conviction for the offense of capital murder. Since the jury answered "No" to the special issues submitted under Article 37.071, V.A.C.C.P., the punishment is imprisonment for life.
A brief summary of the facts, which are without substantial conflict, is necessary. At about 1:00 a. m. on June 28, 1974, Charles Dowden was apprehended and arrested wearing a mask and carrying a gun. He was booked...
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