BURNS v. STATE

No. 68942.

703 S.W.2d 649 (1985)

William BURNS, and Victor Burns, Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied February 12, 1986.


Attorney(s) appearing for the Case

James E. Davis, Texarkana, Ark., Roscoe R. Jones, Texarkana, for appellants.

Louis Raffaelli, Dist. Atty. and James Elliott, Asst. Dist. Atty., Texarkana, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION

W.C. DAVIS, Judge.

Appellants were found guilty of capital murder. The jury answered the special issues under Art. 37.071(b), V.A.C.C.P. affirmatively, whereupon the court assessed the mandatory penalty of death. Appellants raise sixteen grounds of error. Because we find merit in appellants' challenge to the jury charge we address only that ground of error.

Appellants argue that the trial court erred in refusing to instruct the jury that...

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