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SMITH v. STATE

No. 69464.

779 S.W.2d 417 (1989)

Sammie Lewis SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

October 18, 1989.

Attorney(s) appearing for the Case

Sam Ogan, court appointed, Mike Carper, court appointed, Lubbock, for appellant.

Travis S. Ware, Dist. Atty. & R. Deniece Jones, Jim Bob Darnell & Brad Underwood, Asst. Dist. Attys., Lubbock, Robert Huttash, State's Atty., Austin, for State.

Before the court en banc.

OPINION

CLINTON, Judge.

Appellant was convicted of the offense of capital murder under V.T.C.A. Penal Code, § 19.03(a)(2). In accordance with Article 37.071, V.A.C.C.P., his punishment was assessed at death. Pursuant to that same provision, appeal of the judgment to this Court is automatic.

In the early evening of October 26, 1984, Lynn Cowan returned from work to his duplex home in Lubbock to find...

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