MONTOYA v. STATE

No. 69644.

810 S.W.2d 160 (1989)

Irineo MONTOYA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Overruled June 19, 1991.


Attorney(s) appearing for the Case

Ted Campagnolo, Brownsville, for appellant.

Benjamin Euresti, Jr., Dist. Atty., and Yolanda DeLeon, Asst. Dist. Atty., Brownsville, and Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION

McCORMICK, Presiding Judge.

Appellant and his codefendant, Juan Fernando Villavicencio, were charged with murdering John E. Kilheffer while in the course of committing and attempting to commit the offense of robbery. Appellant was convicted of capital murder. Punishment was assessed at death.

In his eighth point of error, appellant argues that the evidence is insufficient to show that he was guilty of capital murder. Appellant argues that...

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