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SILGUERO v. STATE

No. 65026.

608 S.W.2d 619 (1980)

Reyes SILGUERO, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied December 17, 1980.

Attorney(s) appearing for the Case

L. Aron Pena and William J. Quackenbush, Edinburg, for appellant.

Robert J. Salinas, Dist. Atty., pro tem. and E. Daniel Ramirez, Jr., and Theodore C. Hake, Asst. Dist. Attys., Pro tem., Edinburg, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for capital murder. The court submitted and the jury answered "yes" to the first two special issues under Art. 37.071(b). The punishment was assessed at death.

Appellant was convicted of having kidnapped, raped and murdered Rosa Sierra in Mercedes on August 17, 1978. The court charged the jury on the law of circumstantial evidence. Appellant presented an alibi defense.

In his...

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