O'BRIENT v. STATE

No. 61870.

588 S.W.2d 940 (1979)

Charles Eugene O'BRIENT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied November 21, 1979.


Attorney(s) appearing for the Case

Robert A. Canonico, Ben Selman, Waco, for appellant.

Felipe Reyna, Dist. Atty. and Karen C. Matkin, Asst. Dist. Atty., Waco, 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. After the jury answered the punishment issues under Article 37.071, V.A.C.C.P., in the affirmative, punishment was fixed at death.

In his first ground of error appellant contends the trial court reversibly erred when it denied his motion for a change of venue without conducting a hearing. The motion was properly filed and supported...

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