No. 71291.

876 S.W.2d 316 (1994)

Odell BARNES, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied March 23, 1994.

Attorney(s) appearing for the Case

Reginald R. Wilson, Marty Cannedy, Wichita Falls, for appellant.

Barry L. Macha, Dist. Atty., and John W. Brasher, Asst. Dist. Atty., Wichita Falls, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.



Appellant was convicted of the offense of capital murder under V.T.C.A. Penal Code, § 19.03(a)(2). The offense originated in Wichita County, where appellant was indicted. Pursuant to defense motion, venue was changed to Lubbock County. The jury answered the special issues affirmatively and punishment was assessed accordingly at death. Article 37.071(b), V.A.C.C.P.1 Appeal to this Court is automatic...

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