SMITH v. STATE

No. 71496.

907 S.W.2d 522 (1995)

Charles Edward SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

September 20, 1995.


Attorney(s) appearing for the Case

David B. Fannin, Austin and Martin Underwood, Comstock, for appellant.

Kriste G. Burnett, Assistant District Attorney, Ft. Stockton and Robert A. Huttash, State's Atty., Austin, for the State.

Before the Court en banc.


OPINION

McCORMICK, Presiding Judge.

Upon retrial1, appellant, Charles Edward Smith, was convicted of the August 1988 capital murder of a law enforcement officer. V.T.C.A., Penal Code, Section 19.03(a)(1). During the punishment phase the jury affirmatively answered the special issues set forth in Article 37.071(b), V.A.C.C.P. The trial judge sentenced appellant to death as required by Article 37.071(e), V.A.C.C.P. Direct...

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