Livingston v. State

542 S.W.2d 655 (1976)

James LIVINGSTON, Appellant,

v.

The STATE of Texas, Appellee.

No. 52139.

Court of Criminal Appeals of Texas.

October 6, 1976.

Bob Hillin, Dallas, on appeal only, for appellant.

Tom O'Connell, Dist. Atty., Howard Shapiro and Barry Elliott, Asst. Dist. Attys., McKinney, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for the offense of capital murder, wherein the punishment was assessed at death. See V.T.C.A., Penal Code, Sec. 19.03, and Article 37.071, Vernon's…