JOHNSON v. STATE

No. 65844.

629 S.W.2d 731 (1982)

Carl JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied February 10, 1982.


Attorney(s) appearing for the Case

Donald W. Rogers, Jr., Houston, court appointed on appeal, for appellant.

John B. Holmes, Jr., Dist. Atty., Molly Naylor, W. F. Roberts and Chris Lorenzen, Asst. Dist. Attys., Houston, and Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION

W. C. DAVIS, Judge.

This is an appeal from a conviction for capital murder. The jury, after answering affirmatively special issues one and two pursuant to Art. 37.071, Vernon's Ann.C. C.P., assessed punishment at death. The sufficiency of the evidence is not challenged.

By his third ground of error, appellant contends that the trial court committed fundamental error by failing to submit the issue of provocation on the part of the deceased...

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