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DUNN v. STATE

No. 69463.

721 S.W.2d 325 (1986)

Thomas Lennon DUNN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

November 5, 1986.

Attorney(s) appearing for the Case

William M. Routon, II, Tyler, for appellant.

Jack Skeen, Jr., Dist. Atty., and Louis F. Mathis, Asst. Dist. Atty., Tyler, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

TEAGUE, Judge.

Thomas Lennon Dunn, hereinafter referred to as the appellant, was charged by a two count indictment with committing the offense of capital murder of Francis Willingham on June 27, 1984, "by stomping on her body with his foot and hitting her in the head with his hand," which occurred while the appellant was either (1) in the course of attempting to commit or committing the felony offense of burglary or (2) in the course of attempting...

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