GUNTER v. STATE

No. 69,812.

858 S.W.2d 430 (1993)

James Lee GUNTER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied May 12, 1993.


Attorney(s) appearing for the Case

Robert A. Scardino, Jr., Houston, Larry P. Urquhart, Brenham, for appellant.

John B. Holmes, Jr., Dist. Atty., J. Harvey Hudson, Glenn Totschall and Bert Graham, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for State.

Before the court en banc.


OPINION

WHITE, Judge.

In a four count indictment appellant was accused of the offense of capital murder under V.T.C.A. Penal Code, § 19.03(a)(2). The indictment alleged alternatively that appellant intentionally caused the death of Ruth Deanda in the course of committing and attempting to commit the offenses of burglary, robbery, kidnapping and "aggravated sexual abuse." Prior to submission of the case to the jury the State abandoned the "aggravated...

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