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CURRY v. STATE

No. 71630.

910 S.W.2d 490 (1995)

Alva CURRY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 22, 1995.

Attorney(s) appearing for the Case

J.W. Howeth, Austin, for appellant.

Robert Smith, Sally Swanson, Darla Davis, Assist. Dist. Attys., Austin, Robert A. Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

OVERSTREET, Judge.

Appellant was indicted for the offense of capital murder pursuant to V.T.C.A.P.C. § 19.03(a)(2), alleging murder in the course of committing robbery alleged to have occurred on or about October 16, 1991 in Travis County. In a trial by jury, appellant was convicted as charged on October 29, 1992. The jury, pursuant to article 37.071, V.A.C.C.P., returned an affirmative answer to the first two special issues, and a negative...

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