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HICKS v. STATE

No. 70803.

860 S.W.2d 419 (1993)

David HICKS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied June 30, 1993.

Attorney(s) appearing for the Case

Reed Jackson, Fairfield, Pat Simmons, Groesbeck, for appellant.

Robert W. Gage, County Atty., Fairfield, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

MALONEY, Judge.

Appellant was indicted and convicted in Freestone County on a charge of Capital Murder. TEX.PENAL CODE ANN. § 19.03(a)(2). The indictment alleged that appellant caused the death of the deceased by beating and striking her with a blunt instrument in the course of committing a sexual assault. The jury answered the three issues submitted to it in the affirmative and the trial court assessed the death penalty. TEX.

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