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HOLLADAY v. STATE

No. 058-85.

709 S.W.2d 194 (1986)

Robert Lee HOLLADAY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

May 7, 1986.

Attorney(s) appearing for the Case

Donald W. Rogers, Jr. (court appointed on appeal only), Houston, for appellant.

John B. Holmes, Jr., Dist. Atty. and Rory C. Flynn, Gordon Dees and Winston E. Cochran, Jr., Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

TEAGUE, Judge.

Robert Lee Holladay, hereinafter referred to as the appellant, was charged by indictment and convicted by the jury of committing the offense of murder while in the course of committing the offense of robbery, which is the offense of capital murder. See V.T.C.A., Penal Code, Section 19.03(a)(2).

Because the jury answered in the negative the question whether there was a probability that...

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