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MAYS v. STATE

No. 68824.

653 S.W.2d 30 (1983)

Noble D. MAYS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

June 29, 1983.

Attorney(s) appearing for the Case

S. Price Smith and J. Keaton Grubbs, Wichita Falls, for appellant.

Timothy D. Eyssen, Dist. Atty. and Donald E. Maxfield, Asst. Dist. Atty., Wichita Falls, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION

TEAGUE, Judge.

Noble D. Mays, appellant, was convicted of committing the offense of murder while in the course of committing the offense of robbery, which constitutes capital murder. See V.T.C.A., Penal Code, Section 19.03(a)(2). Thereafter, the jury answered in the affirmative certain statutory special issues, see Art. 37.071, V.A.C.C.P., and the trial judge assessed appellant's punishment at death. We reverse the judgment of conviction because...

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