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Penal Code 19.03. and Tex. Penal Code 19.02(b)(1), in turn reads: (b) A person
commits an offense if he: (1) intentionally or knowingly causes the death of an individual. The
court of appeals attached great significance to the fact that the capital-murder statute refers to the
murder statute and incorporates it by reference, rather than setting out the elements of murder
separately: Because the penal code's capital murder provision explicitly directs us to its murder
provision, we hold that the offense of murder or an element of murder (either the conduct or a
result) must be committed within this state in order for Texas to have jurisdiction over the
offense of capital murder...
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The
current statue defines murder in two degrees whereas common law defines it unlawfully taking
another's life. The end result is the death penalty and how we as a state compare to states that do
not have the death penalty. Does the current statue deter individuals or groups from committing
such crimes in Texas? Some argue that death is too good for capital offenders...
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