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  5. 593 S.W.2d 323 (1979)
 

STARVAGGI v. STATE

No. 61206.

593 S.W.2d 323 (1979)

Joseph Blaine STARVAGGI, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied September 19, 1979.

Attorney(s) appearing for the Case

Dennis D. Watson and J. Robert Liles, Conroe, for appellant.

James H. Keeshan, Dist. Atty., Michael A. McDougal, Asst. Dist. Atty., Conroe, and Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

Rehearing En Banc Denied September 19, 1979.

OPINION

PHILLIPS, Judge.

This is an appeal from a conviction of capital murder. The jury having answered the three special issues affirmatively, the punishment of death was assessed. V.T. C.A., Penal Code, Sections 19.03(a)(2), 12.31; Article 37.071(b)(1-3), V.A.C.C.P.

The sufficiency of the evidence to sustain the jury's verdict of guilt is not challenged, but in light of appellant's challenge...

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