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PAYNE v. STATE

No. 68936.

802 S.W.2d 686 (1990)

Edward PAYNE, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Overruled January 30, 1991.

Attorney(s) appearing for the Case

Michael R. Maguire, Austin, for appellant.

John B. Holmes, Jr., Dist. Atty., Winston E. Cochran, Jr. and Lyn McClellan, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

WHITE, Judge.

Appeal is taken from a conviction for capital murder. See V.T.C.A., Penal Code § 19.03. Since the jury answered "yes" to the two special issues submitted under Art. 37.071(b), V.A.C.C.P., appellant was sentenced to death. He brings three points of error, all of which claim that he is entitled to a new trial because of the hopelessly incomplete state of the record. The sufficiency of...

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