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EX PARTE WEBSTER

No. 69266.

704 S.W.2d 327 (1986)

Ex parte Alvin WEBSTER.

Court of Criminal Appeals of Texas, En Banc.

February 12, 1986.

Attorney(s) appearing for the Case

Craig S. Lundquist, Huntsville, for appellant.

John B. Holmes, Jr., Dist. Atty. and Eleanor Montague McCarthy, Asst. Dist. Atty., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

W.C. DAVIS, Judge.

Applicant brings this application for writ of habeas corpus pursuant to Art. 11.07, V.A.C.C.P., alleging that the trial court's inclusion in the judgment of an affirmative finding that a deadly weapon was used in the commission of the offense is erroneous.

The indictment charged applicant with attempted capital murder "by intentionally shooting a gun...." After the jury found applicant guilty of attempted murder under a...

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