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BURNETT v. STATE

No. 65324.

642 S.W.2d 765 (1982)

Linda May BURNETT v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied January 5, 1983.

Attorney(s) appearing for the Case

Joseph C. Hawthorn, court appointed on appeal only, Beaumont, for appellant.

James S. McGrath, Dist. Atty., and John R. DeWitt, Asst. Dist. Atty., Beaumont, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

CLINTON, Judge.

This is an automatic appeal1 from a conviction for capital murder2 in which the punishment assessed is death.

The sufficiency of the evidence is not challenged, and, because they are unnecessary to our disposition of appellant's fifth ground of error, the facts constituting the offense need not be recited. We are constrained...

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