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FULLER v. STATE

No. 70881.

827 S.W.2d 919 (1992)

Tyrone Leroy FULLER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

March 25, 1992.

Attorney(s) appearing for the Case

Carol Hammond, Webb Biard, Judy Hodgkiss, Paris, for appellant.

Tom Wells, City Atty. and Kerye Ashmore, Asst. City Atty., Paris, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

OVERSTREET, Judge.

In March of 1989, appellant was convicted, in the 59th District Court of Grayson County, Texas, after a change of venue from Lamar County, of capital murder pursuant to TEX.PENAL CODE ANN. § 19.-03(a)(2) (Vernon Supp.1988). The indictment alleged in separate paragraphs that the murder was committed on or about January 20,1988, during the course of committing or attempting to commit burglary of a habitation, robbery, and aggravated...

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