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ELLASON v. STATE

No. 69968.

815 S.W.2d 656 (1991)

Thomas Dewayne ELLASON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

June 19, 1991.

Attorney(s) appearing for the Case

John C. Beatty, Allan K. Butcher, Fort Worth, for appellant.

Tim Curry, Dist. Atty. & C. Chris Marshall, Betty Marshall & Bob Gill, Asst. Dist. Attys., Fort Worth, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

BENAVIDES, Judge.

The record reflects that the jury convicted Thomas Dewayne Ellason, henceforth appellant, of capital murder, namely, that he committed the murder of Trudy Smith during the course of burglarizing her residence. See V.T.C.A., Penal Code § 19.-03(a)(2). After finding appellant guilty of capital murder, the jury returned affirmative answers to the special issues that were submitted to it pursuant to Art. 37.071(b), V.A.C.C.P.

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