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SIMMONS v. STATE

No. 63037.

594 S.W.2d 760 (1980)

James Charles SIMMONS, Jr. and Milton James Anthony, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied March 19, 1980.

Attorney(s) appearing for the Case

Robert G. Dohoney, Hillsboro, for Simmons.

Stephen N. Smith, Hillsboro, for Anthony.

Neal T. "Buddy" Jones, Jr., Dist. Atty., Hillsboro, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

ODOM, Judge.

This is an appeal from convictions for capital murder. Appellants were charged as co-parties to the offense and were tried together. Appellant Simmons' punishment was assessed at death after the jury returned affirmative answers to the punishment issues submitted under Article 37.071, V.A.C.C.P. The jury returned a negative answer on one of the punishment issues for appellant Anthony, and his punishment was therefore assessed at life...

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