BROWN v. STATE

No. 53932.

561 S.W.2d 484 (1978)

James David BROWN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

Rehearing Denied March 1, 1978.


Attorney(s) appearing for the Case

Cletus C. Schenk, Wichita Falls, for appellant.

Timothy D. Eyssen, Dist. Atty., Wichita Falls, Austin, for the State.

Before TOM G. DAVIS, DALLY and W. C. DAVIS, JJ.


Rehearing en banc Denied March 1, 1978.

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for capital murder. The jury returned a "No" answer to the question required by Art. 37.071(b)(2), V.A.C.C.P., concerning the probability that appellant would commit future criminal acts of violence that would constitute a continuing threat to society. Appellant's punishment was automatically assessed at life. Since appellant contends that the evidence...

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