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KELLY v. STATE

No. 68874.

669 S.W.2d 720 (1984)

Carl E. KELLY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied May 23, 1984.

Attorney(s) appearing for the Case

William Earl Stallings, Charles Warren McDonald, Waco, for appellant.

Lynn W. Malone, Sp. Prosecutor, Waco, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

MILLER, Judge.

This is an appeal from a conviction for capital murder. After finding appellant guilty the jury answered "yes" to the two special issues under Art. 37.071(b), V.A.C. C.P.1 Punishment was assessed at death.

In his six grounds of error, appellant contends that the imposition of the death penalty in this case is prohibited by the United States Supreme Court's holding in Enmund v. Florida,

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