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DAVIS v. STATE

No. 62777.

597 S.W.2d 358 (1980)

William Prince DAVIS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied April 9, 1980.

Attorney(s) appearing for the Case

Thomas C. Dunn, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Alvin M. Titus and Kenneth W. Sparks, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

DOUGLAS, Judge.

Appellant was convicted of capital murder, occurring during a robbery. Punishment was assessed by the jury at death.

Michael Lang, the deceased's son, testified that he and his father were closing up the Red Wing Ice Cream Company on the night of June 2, 1978, when Davis entered the building and robbed them. Lang testified that Davis came through the front door, ordered everyone up against the wall, and then immediately shot...

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