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WARREN v. STATE

No. 55613.

562 S.W.2d 474 (1978)

Don Louie WARREN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied March 22, 1978.

Attorney(s) appearing for the Case

Willis T. Taylor, Daniel H. Benson, Lubbock, for appellant.

Alton R. Griffin, Dist. Atty. and H. Grady Terrill, III, Asst. Dist. Atty., Lubbock, for the State.

Before the court en banc.

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for capital murder in which the punishment of death was assessed following the jury's affirmative answers to the special issues. See V.T.C.A., Penal Code, § 19.03(a)(2), and Article 37.071, Vernon's Ann.C.C.P.

At the outset we are confronted with appellant's contention that the evidence was insufficient to support an affirmative finding by the jury to special issue No. 2 submitted...

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