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HUGHES v. STATE

No. 57394.

563 S.W.2d 581 (1978)

Billy George HUGHES, Jr., Appellant, v. The STATE of Texas, Appellee,

Court of Criminal Appeals of Texas, En Banc.

March 15, 1978.

Attorney(s) appearing for the Case

Robert A. Scardino, Jr., Houston, for appellant.

Oliver S. Kitzman, Dist. Atty., Hempstead, for the State.

Before the court en banc.

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for capital murder. Trial was in Matagorda County upon a change of venue from Austin County. After a verdict was returned finding appellant guilty of capital murder, the jury returned "Yes" answers to the questions required by Art. 37.071(b)(1 & 2), V.A.C.C.P., mandating a penalty of death.

The record reveals that on April 4, 1976, the appellant was stopped by Texas Highway Patrolmen...

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