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RUIZ v. STATE

No. 55691.

579 S.W.2d 206 (1979)

Joe RUIZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

Rehearing Denied April 25, 1979.

Attorney(s) appearing for the Case

Michael Anthony Maness and Ernesto Valdes, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Stu Stewart, Asst. Dist. Attys., Houston, for the State.

Before ODOM, PHILLIPS and DALLY, JJ.

Rehearing En Banc Denied April 25, 1979.

OPINION

PHILLIPS, Judge.

This is an appeal from a conviction for capital murder. The court, after the jury responded negatively to the second special issue presented under Article 37.071(b)(2), V.A.C.C.P., assessed the penalty at life imprisonment. See Article 37.071(e), V.A.C. C.P.

The evidence presented by the State in its case in chief showed clearly that the appellant, accompanied by two other...

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