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OVEAL v. STATE

No. 14-02-01089-CR.

164 S.W.3d 735 (2005)

John Brucewayne OVEAL, Appellant v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

May 10, 2005.

Attorney(s) appearing for the Case

Danny K. Easterling, Houston, for appellants.

Alan Curry, Houston, for appellees.

Panel consists of Justices EDELMAN, FROST, and SEYMORE.

PLURALITY OPINION

CHARLES W. SEYMORE, Justice.

The substitute opinion of March 10, 2005, is withdrawn and the court issues this substitute plurality opinion and concurring opinion.

A jury convicted appellant, John Brucewayne Oveal, of burglary of a habitation with intent to commit aggravated assault. In four issues, appellant contends the trial court erred by (1) admitting absent complainant's "excited utterances" to her aunt and the investigating...

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