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WHITE v. STATE

No. 66044.

610 S.W.2d 504 (1981)

Larry Wayne WHITE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En banc.

January 21, 1981.

Attorney(s) appearing for the Case

Charles O. Melder, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., and Larry P. Urquhart, Asst. Dist. Atty., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the Court en banc.

OPINION

KEITH, Commissioner.

The appeal is from a conviction of capital murder wherein the jury answered affirmatively the first and second issues, with the punishment being fixed at death.

The indictment alleged that appellant caused the death of Elizabeth St. John, a seventy-two year old woman, "by choking her with his hands and stabbing her with a screwdriver," while in the course of committing and attempting to commit robbery. V.T.C.A., Penal...

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