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IBANEZ v. STATE

No. 69330.

749 S.W.2d 804 (1986)

Efran Castro IBANEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied May 11, 1988.

Attorney(s) appearing for the Case

Scott E. Segall, El Paso, for appellant.

Steve W. Simmons, Dist. Atty. and Matthew Dekoatz, Karen Shook and Robert Dinsmoor, Asst. Dist. Attys., El Paso, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

CAMPBELL, Judge.

Appeal is taken from a conviction for capital murder. V.T.C.A. Penal Code, § 19.03(a)(2). After finding appellant guilty, the jury returned affirmative findings to the special issues under Art. 37.071, V.A.C.C.P. Punishment was assessed at death. We will reverse and enter a judgment of acquittal of capital murder.

Appellant was convicted of intentionally and knowingly causing the death of William Morris in the course...

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