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BARNEY v. STATE

No. 69095.

698 S.W.2d 114 (1985)

Jeffery Allen BARNEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

October 2, 1985.

Attorney(s) appearing for the Case

Ronald Mock, Mary Moore, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty. and William J. Delmore, III, Donald A. Smyth and Charley Davidson, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

MILLER, Judge.

This is an appeal from a conviction for capital murder. Appellant was convicted of intentionally causing the death of another while in the course of committing or attempting to commit the offense of aggravated rape. V.T.C.A. Penal Code, § 19.03(a)(2). The sufficiency of the evidence to sustain the conviction is not challenged. The jury returned affirmative answers to two special issues submitted in accordance with Art. 37.071...

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