BATTIE v. STATE

No. 53166.

551 S.W.2d 401 (1977)

Billy Joe BATTIE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 1, 1977.


Attorney(s) appearing for the Case

John A. Brady and Robert C. Roe, Jr., Fort Worth, for appellant.

Tim C. Curry, Dist. Atty., Marvin Collins, Joe Shannon, Jr., Howard A. Borg and Jack Strickland, Asst. Dist. Attys., Fort Worth, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

DAVIS, Commissioner.

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

The record reflects that on January 13, 1975, William Gray, manager of the In-N-Out Food Store in Fort Worth, finished his afternoon shift at 5:30 p.m. and left his niece, Peggy Hester, in charge of the store. At 7:30 p.m., Gray returned to the store and found all in order.

Appellant, in his written confession, which was admitted...

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