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STATE v. McPHERSON

No. 07-91-0151-CR.

828 S.W.2d 81 (1992)

The STATE of Texas, Appellant, v. Larry Eugene McPHERSON, Appellee.

Court of Appeals of Texas, Amarillo.

On Motions for Rehearing February 12, 1992.

Discretionary Review Granted May 20, 1992.

Attorney(s) appearing for the Case

Randall L. Sherrod, Dist. Atty., John L. Davis, Asst. Dist. Atty., Canyon, for appellant.

Warren L. Clark, Amarillo, for appellee.

Before DODSON, BOYD and POFF, JJ.

BOYD, Justice.

On April 3, 1991, after his conviction of capital murder, appellee Larry Eugene McPherson was sentenced to death. During the punishment phase of the trial, the three special issues mandated by article 37.071 of the Texas Code of Criminal Procedure were submitted to the jury.1 Additionally, and over the objection of the State, a fourth issue was submitted. By the issue the jury...

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