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New Braunfels Herald-Zeitung (Newspaper) - February 20, 1983, New Braunfels, Texas Texas womble SWC Scores I i i Houston Texas Tech 75 Arkansas TCU 56 ft ice Texas 56 SMU Baylor 55 Local Hoops Unicorns Hays 45 Kerrville Canyon 55 Abilene Christian SWT 58 Mary Hardin Baylor f 1C 78 Lotsa Upsets 3 North Carolina 63 Pitt 14 Georgetown 63 Okla 12 Missouri 73 Kansas 19 Oklahoma 53 Dallas Atlanta 100 New York Denver 115 Detroit Phoenix 101 Boston at Golden n Ruling on murder law Schroeder says By DEBBIE DeLOACH Staff writer Wednesday could be a form of D Day for District Attorney Bill Schroeder and others who bear that All nine justices on the Court of Criminal Appeals will convene in Austin Wednesday to consider the wording of Section of the Texas Penal which deals with The courts decision could mean hundreds of persons charged and convicted of murder since 1974 will either have to retried or I hope the court doesnt do If the justices say the statute is in Schroeder said that will essentially tie every prosecutors The court cant change the only the legislature can do And we wont be able to indict murderers until the legislature Changes The in effect since states in one provision that a person commits an offense if he intends to cause serious bodily injury and commits art act clearly dangerous to human life that causes the death of an But Justice Sam Houston writing the opinion of a threejudge panel of the appellate court on said the statute must say an individual did then and there commit an act clearly dangerous to human life which said defendant intended or knew was clearly dangerous to human The case which brought about Clintons to be reviewed by all nine justices came from Bell David a soldier at Fort Hood in was convicted in April of of killing a 25monthold child by kicking it in the abdomen and rupturing his Child cases are such a good Im so I throw a kirt against the I might want to hurt but I dont mean to kill Schroeder Clinton is saying is the wording of the statute is That individual must know that act is clearly dangerous to human Isnt that a real kicker the district attorney If you kick a child with the intensity to rupture his imagine doing so without knowing that blow is clearly dangerous to human The courts decision Wednesday could not only affect present and future but also the approach to prosecuting Prosecutors walk into the courtroom with a big burden proving intent without having the defendant actually testify in many Schroeder This statute is one way to getting around proving intent to which is difficult to So the tidal wave of con sequences under the LugoLugo opinion has been more of a LugoLugo remains in the peniten and only a handful of attorneys have made preliminary moves to attempt to free their But the threat is and Schroeder knows Dont get me Im not attacking the whole Court of Criminal There are some really good judges up Schroeder But the scales have to weighed Society cant be continually beat over the head by these asinine If this decision comes out against the the court would be essentially doing just New Braunfels New Texas SUNDAY February 50 cents 92 36 62 Sections USPS 377880 Libyans protest as tensions mount By THE ASSOCIATED PRESS Thousands of screaming Libyans demonstrated in Tripoli and other cities protesting the overt terroristic provocations of the 6th Fleet and burning effigies of President the official JANA news agency 7 Iilsiaid torched pictures and effigies of Egyptian President Hosni Mubarak and Sudanese President Gaafar The revolutionary regime of Moammar Khadafy that spy planes and warships were jamming Libyan communications and threatened to turn the Gulf of Sidra into a bay of blood and fire if the 6th Fleet carrier Nimitz entered its The Tripoli government also said Libyan jet fighters intercepted and forced a foreign aircraft to withdraw from skies over Libyan It denied and Sudanese charges that Libya was massing jets and troops near Sudans Libyas official JANA news agency said Navy vessels and Airborne Warning arid Control Systems spy aircraft1 as civil communications in Libya oh i The monitored in provided no other details of the alleged Pentagon i sources say the United States has four AWACS in Eygpt to counter what it says are Libyan threats to But the White the State Department and the Defense Department declined to comment on the Libyan The Libyan dispatch said that on Wednesday an aerial target made an incursion over our territorial water kilometers 50 miles from the city of Benghazi but our air force intecepted it and forced it to Benghazi is on the northeastern edge of the Gulf of a wide bay in the southern Mediterranean that Libya calls its own but the United States considers international the Nimitz downed two Libyan warplanes over the gulf in 1981 after the Libyan planes fired missiles at JANA gave no further details of the latest encounter and did not specify the nationality of the But it seemed likely the Libyans were referring to an American plane since the dispatch dealt solely with what it called aggression over the Ldst Pentagon sources in Washington said Libyan planes flew out toward the Nimitz earlier in the Arts panel seeks requests for funds Artisticallyoriented groups who are interested in a share of New Braunfels hotelmotel room tax should sharpen their pencils or moisten their The new City Arts and Cultural Commission wants requests by March Written requests for funding should include the following information The name of the along with its purpose and activities Statement of financial sources and use of funds for calendar years 1981 and or the last two fiscal years 1 An outline of the groups ac complishments for the past two and an assessment of what its done to improve j tte quality of life in New This entry include frequency and size of number of size of the viewing audience or anything else the group considers i Projection of 1983 activities and growth specific monetary and the planned use of any funds that should be donated by the Applications should be turned in to the city managers or mailed to Box New They must be received before the close of the March 7 business It will be the Arts and Cultural Commissions job to review the requests and make funding recom mendations to the City The Council will make final decisions on allocation of the Staff photo by John Senter Channeling her talent Margaret Reser of Fort Worth took advantage of the un seasonably warm weather Saturday in a different way from She painted a picture of the banks along a channel from Landa Lake in Landa Temperatures rose to the 70s Saturday continued to be AWOL this SWT student takes first 1 i in symphony competition By DYANNEFRY Staff writer They gave her and a contract to perform with the MidTexas Symphony Orchestra in And before they left the banquet they gathered around and sang Happy Birthday to Linda Gayle What better present for a talented young lady than first prize in the Mid Texas Societys first Young Artists Competition who described herself as a nondegreeseeking graduate student at Southwest Texas State impressed the judges Saturday with the first movement of Ravels Concerto in G Minor for Michael a senior piano student at Texas Lutheran College in came in second with Liszts Concerto in E Flat Other finalists were Ronald Lynn a junior at Southwest Texas State University 1980 of New Braunfels High with Beethovens third piano concerto and Peter Samuel Gross another TLC with Brahms Concerto in Flat Major for Judges had been asked to select just three but ended up with The fact that they all played piano was just a coincidence there were 10 competitors in including four Judges admitted their job was a tough one especially the final Contests are a kind of necessary said John chairman of the department at Marys Its like they say with the NFL on a given any team could beat any other I believe that any of playing on another might hjave Each of you did your added Janet principal flautist in the San Antonio No matter what level you are at in your the music came Thats what I find so James associate con ductor of the San Antonio rounded put the panel of See Page Eureste says assault was plotted by police Gayle Spradley Ronald Birkelbach SAN ANTONIO AP A city councilmans allegations that the three men who mugged him were part of a police assassination plot have drawn strong denials from the police chief and Bernardo said he believed police agents were responsible for the attack on him and a female aide as they sat in the councilmans car at a golf course early Eureste was cut on both hands and 23yearold Kerry Pruett received a black eye and bruises on her head and chest during the 4 She was treated and I dont think it was a mugging I think it was an assassination The people seemed to be professionally I suspect they are SAPD Eureste said in a statement from his hospital The councilman theorized that the police were trying to get revenge for his recent allegations of police brutality against But Mayor Henry who cut a trip short and returned to San An called a press conference Friday to contend Eurestes allegations were We do not have a department out of We do not have a depart ment with vigilante Cisneros Cisneros said that to prove no police were following he had or dered an examination of all police radio Police Chief Robert Heuck also denied that any officers were involved in the but promised a full who is married and has two said he wouldnt resign despite the superembarrassing He said he and a student at Our Lady of the Lake University where Eureste is a sociology were It could have led to some other but it was he I shouldnt have been but I Thats he Officials of Our Lady of the Lake University released a statement See Page 12A Houston firm gets jail pact By JACQUELINE SMITH Staff writer Christopher Stephano and of Houston has been chosen by Commissioners Court to work on the countys plans for a new criminal justicedetention Of the eight architectural firms interviewed in recent the chose Stepheno at the recommendation of County Judge Fred Clark because of that organizations vasf background in jail construction and detention facility Of eight different architectural each has the ability and capability to perform the work we want build an out standing Clark said during the courts Friday Most have extensive experience in actual jail he But with all things being equal in terms of fees and dedication County if an ar chitectural firm had substantial experience that would put him a leg up on some of the In making a motion that the court accept Stephanos Clark said he felt it would be in the best interest of Comal County to hire the Houston firm because of its ex Stephano has helped plan and build jails in Victoria and Bellville and in San Freeport and Caldwell The firm has also worked on facilities for the Texas Department of in ad dition to See Page 12A Todays Weather Comal County forecast calls for partly cloudy today and but colder Probability of rain is 20 percent today and Highs will be in the mid 60s and the low 60s Tonights low will be in the upper Cool Million Los Angeles Dodger pitcher Fer nando Valenzuela presented his side of the story to the arbitrator he wanted million dollars for the 1983 The Dodgers presented their side after two exceptional they offered The arbitrator went with Its the biggest baseball contract ever awarded by the arbitration See Page 9B
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