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CLARK v. STATE

No. 62,696.

627 S.W.2d 693 (1981)

George Edward CLARK, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Rehearing February 17, 1982.

Attorney(s) appearing for the Case

Gary DeShazo, Hubert L. Gill and Linda Cangelosi, court appointed, Roy E. Greenwood, on appeal only, Austin, for appellant.

Ronald Earle, Dist. Atty. and David Douglas, Asst. Dist. Atty., Stephen B. Edwards, Asst. Atty. Gen., 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. V.T.C.A. Penal Code, Sec. 19.03(a)(2). After finding appellant guilty, the jury answered "yes" to the first two special issues submitted under Art. 37.071(b), V.A.C.C.P. Punishment was assessed at death.

Appellant was convicted of murdering Ann Tracy Drummond during the course of an aggravated rape in Austin on March 3, 1978. The victim died as a result of thirty-eight...

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