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FINCHER v. STATE

No. 2-97-755-CR.

980 S.W.2d 886 (1998)

Ryan Joseph FINCHER, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled December 3, 1998.

Attorney(s) appearing for the Case

David B. Lobinger, Fort Worth, for Appellant.

Tim Curry, Crim. Dist. Atty., Charles M. Mallin, C. James Gibson, Timothy Bednarz, Fred Rabalais, Asst. Crim. Dist. Attys., Fort Worth, for Appellee.

Before LIVINGSTON, DAUPHINOT and HOLMAN, JJ.

OPINION

LIVINGSTON, Justice.

Appellant, Ryan Joseph Fincher, appeals his capital murder conviction for the murder of Andrew Kline. Appellant presents two points of error. In the first point, he claims the trial court erred in denying his request for a continuance in order to depose the State's "surprise" witness and in allowing the witness to testify without the continuance. Second, appellant contends the trial court erred by not submitting a jury charge...

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