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HORNE v. STATE

No. 63221.

607 S.W.2d 556 (1980)

William Evans HORNE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

November 12, 1980.

Attorney(s) appearing for the Case

J. R. Musslewhite, Houston, on appeal only, for appellant.

John B. Holmes, Jr., Dist. Atty., Calvin A. Hartmann and Dennis Cain, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

CLINTON, Judge.

This is an appeal from conviction for capital murder and, the jury having answered the issues affirmatively, the death penalty.

I.

The essence of the State's evidence comes from two witnesses.

On November 21, 1977, Linda Tomlinson was working at a pharmacy when at about 11:30 a. m. Horne and another man, later identified as Allen Cummings, entered and asked to look at some turquoise jewelry. Horne took a...

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