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SMITH v. McCOTTER

No. 86-1615.

798 F.2d 129 (1986)

Larry SMITH, Petitioner, v. O.L. McCOTTER, Director, Texas Department of Corrections, Respondent.

United States Court of Appeals, Fifth Circuit.

August 21, 1986.

Attorney(s) appearing for the Case

Washington & Randle, Craig A. Washington, Houston, Tex., for petitioner.

Jim Mattox, Atty. Gen., Paula C. Offenhauser, Asst. Atty. Gen., Austin, Tex., for respondent.

Before RUBIN, JOHNSON, and JONES, Circuit Judges.

PER CURIAM:

Petitioner Larry Smith's motion for a certificate of probable cause and a stay of execution is DENIED.

I.

Larry Smith was tried and convicted by a jury for intentionally causing the death of Michael Dean Mason. Mr. Mason, night manager of a Seven-Eleven store, died from a bullet wound suffered during a robbery at the store in the early morning hours of February 3, 1978.

On February 3, 1978, Fred Norris, then a high school student...

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