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WILLARD v. STATE

No. 099-85.

719 S.W.2d 595 (1986)

Marvin E. WILLARD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

November 19, 1986.

Attorney(s) appearing for the Case

Kenneth E. Houp, Jr., on appeal only, Austin, for appellant.

Travis B. Bryan, III, Sp. Prosecutor, Bryan, Robert Huttash, State's Atty., Austin, for State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

Appellant was convicted of murder. The jury assessed his punishment at 30 years' imprisonment and at a fine of $10,000.00.

On appeal the appellant, in one of his points of error, contended the trial court erred, over his objection, in allowing his wife to testify for the State. Perceiving a conflict between Garcia v. State, 573 S.W.2d 12

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