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BURKS v. STATE

No. 60757.

583 S.W.2d 389 (1979)

Stanley Keith BURKS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied July 3, 1979.

Attorney(s) appearing for the Case

E. Brice Cunningham and Walter L. Irvin, Dallas, for appellant.

Henry M. Wade, Dist. Atty., W. T. Westmoreland, Jr., Robert E. Whaley, Daniel P. Garrigan, Ron Poole and Mary K. Ludwick, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before the Court en banc.

OPINION

W. C. DAVIS, Judge.

This is an appeal from a conviction for capital murder. The jury returned affirmative answers to the special issues submitted at the punishment hearing pursuant to Article 37.071, Vernon's Ann.C.C.P. Accordingly, punishment was assessed at death.

The sufficiency of the evidence is not challenged. On August 10, 1977, the body of the deceased, an elderly man, was found in his bed. His face and skull had been beaten in, his...

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