UPTON v. STATE

No. 69717.

853 S.W.2d 548 (1993)

Jackie Wayne UPTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied May 26, 1993.


Attorney(s) appearing for the Case

Jack O. Herrington, Clarksville, for appellant.

Tom Wells, Dist. Atty., Paris, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION

McCORMICK, Presiding Judge.

A jury found appellant guilty of capital murder and answered the special issues under Article 37.071(b), V.A.C.C.P. affirmatively, whereupon the trial court assessed the mandatory penalty of death. Appellant raises eighteen points of error on direct appeal. We will reverse and remand.

Appellant contends in his first point of error the evidence is insufficient for any rational trier of fact to find beyond a reasonable...

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