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CLARK v. STATE

No. 69009.

717 S.W.2d 910 (1986)

Herman Robert Charles CLARK, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

September 17, 1986.

Attorney(s) appearing for the Case

William W. Burge, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., and Winston E. Cochran, Jr., Ira Jones, Asst. Dist. Attys., Houston, Robert Huttash, Austin, for the State.

Before the court en banc.

OPINION

TEAGUE, Judge.

The jury found Herman Robert Charles Clark, Jr., hereinafter sometimes referred to as Clark or the appellant, guilty of committing the offense of murder while in the course of committing the offense of burglary of a habitation owned by Joseph Edward Mc Clain. This constitutes the offense of capital murder. See V.T.C.A., Penal Code, Section 19.03. The jury answered each of the three special issues, see Art. 37.071, V.A.C.C.P, in the...

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