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FERGUSON v. STATE

No. 58706.

573 S.W.2d 516 (1978)

Bernard FERGUSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Motion for Rehearing Denied October 18, 1978.

Attorney(s) appearing for the Case

Troy C. Hurley, Killeen, Gerald M. Brown, Temple, for appellant.

Arthur C. Eads, Dist. Atty., James T. Russell and Ralph Petty, Jr., Asst. Dist. Attys., Belton, for the State.

Before the court en banc.

Appellant's Motion for Rehearing En Banc Denied October 18, 1978.

OPINION

DALLY, Judge.

This is an appeal from a conviction for capital murder; the punishment is death.

Appellant contends that: (1) the court erred in denying his request for a postponement of the jury selection when a venire member failed to timely appear; (2) a sample of appellant's blood was obtained by an unlawful search and seizure and should not have been admitted in...

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