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KING v. STATE

No. 68633.

631 S.W.2d 486 (1982)

Leon Rutherford KING, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 5, 1982,

Attorney(s) appearing for the Case

Ken J. McLean, Houston, court appointed, for appellant,

John B. Holmes, Jr., Dist. Atty., Winston E. Cochran, Jr., Andy Tobias and Doug Shaver, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

CLINTON, Judge.

This cause is before us for automatic review of appellant's conviction for the offense of capital murder proscribed by V.T. C.A. Penal Code, § 19.03(a)(2),1 as well as his sentence of death2 assessed by the trial court pursuant to Article 37.071(e), V.A.C. C.P.

On April 10, 1978, two Baytown young persons drove into the Houston Montrose area where they stopped...

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