DUFFY v. STATE

No. 57603.

567 S.W.2d 197 (1978)

Harvey Joseph DUFFY, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En banc.

June 7, 1978.


Attorney(s) appearing for the Case

Lonnie W. Duke and Antonio G. Cantu, San Antonio, court appointed, for appellant.

Bill M. White, Dist. Atty., John W. Harris, Jr., Charles T. Conaway and Bennie F. Steinhauser, Jr., Asst. Dist. Attys., San Antonio, for the State.

Before the court en banc.


OPINION

W. C. DAVIS, Judge.

This is an appeal from a conviction for capital murder. On September 14, 1976, the jury answered affirmatively the three special issues submitted under Article 37.071, Vernon's Ann.C.C.P., and the punishment was accordingly assessed at death.

The sufficiency of the evidence to show that appellant committed murder in the course of robbery is not challenged. On January 14, 1976, the body of Louise Word, an eighty-year-old...

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