FORTENBERRY v. STATE

No. 60206.

579 S.W.2d 482 (1979)

Larry Carnell FORTENBERRY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied May 2, 1979.


Attorney(s) appearing for the Case

Joe L. Cox and Steve L. Hurt, Plainview, for appellant.

John R. Hollums, Dist. Atty., Floydada, Robert Huttash, State's Atty., Austin, for the State.

Before the Court en banc.


OPINION

ODOM, Judge.

This is an appeal from a conviction for capital murder. V.T.C.A., Penal Code Sec. 19.03. After the jury answered all punishment stage issues in the affirmative, the penalty was fixed at death. Art. 37.071, V.A.C.C.P. This case was tried in Hale County on a change of venue from Motley County.

In his 53rd and 54th grounds of error, appellant contends the trial court submitted an erroneous charge on the law requiring corroboration...

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