GARDNER v. STATE

No. 68856.

733 S.W.2d 195 (1987)

David Allen GARDNER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

April 8, 1987.


Attorney(s) appearing for the Case

Jack V. Strickland, Fort Worth, for appellant.

Mac Smith, Dist. Atty. and Dan Carney, Asst. Dist. Atty., Weatherford, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION

McCORMICK, Judge.

This is an appeal from a conviction for capital murder. Punishment was assessed at death.

On August 26, 1980, two fourteen year old runaways, Rocky Allen Crecy and Kandi Kae Reynolds, were hitchhiking along an interstate highway near Weatherford. Apellant, who was driving by, stopped and picked the teenagers up. Appellant drove the pair down the interstate and eventually turned down a gravel road. He pulled off the road...

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