OPINION
TOM G. DAVIS, Judge.
Appeal is taken from a conviction for capital murder. V.T.C.A. Penal Code, Sec. 19.03(a)(3). After finding appellant guilty, the jury returned affirmative findings to the special issues under Art. 37.071(b), V.A. C.C.P. Punishment was assessed at death.
Conviction was under an indictment which charged in pertinent part that appellant in Nueces County, on or about the 20th day of March, 1984 "did then and there while in...
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