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WHITEHEAD v. STATE

No. 41483.

450 S.W.2d 72 (1968)

A. D. WHITEHEAD, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Rehearing December 18, 1968.

Rehearing Denied June 25, 1969.

Second Rehearing Denied September 22, 1969.

Third Rehearing Denied November 12, 1969.

Attorney(s) appearing for the Case

Murray, J. Howze, Monahans, for appellant.

Barton Boling, Dist. Atty., El Paso, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

ONION, Judge.

The question presented by this appeal is whether the State laid a sufficient predicate to authorize the introduction of an absent witness' testimony given at a former trial as an exception to constitutional right of confrontation guaranteed by both the state and federal Constitutions. Art. I, Sec. 10, Texas Constitution, Vernon's Ann.St.; Sixth Amendment, United States Constitution.

The offense is murder without malice; the...

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