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MUNIZ v. STATE

No. 59090.

573 S.W.2d 792 (1978)

Pedro Cruz MUNIZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied November 28, 1978.

Attorney(s) appearing for the Case

Jesse Roy Botello and Ruben Sandoval, San Antonio, for appellant.

Edward J. Walsh, Dist. Atty., Georgetown, for the State.

Before the court en banc.

Rehearing En Banc Denied November 28, 1978.

OPINION

ODOM, Judge.

This is an appeal from a conviction for the capital murder of a 19 year old Southwestern University co-ed in the course of an aggravated rape. V.T.C.A., Penal Code Sec. 19.03(a)(2). The jury returned affirmative findings on each question submitted under Article 37.071(b), V.A.C.C.P., and accordingly the punishment was assessed at death.

The finding of guilt is not attacked,...

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