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EX PARTE McALPINE

No. 47430.

501 S.W.2d 664 (1973)

Ex parte Bennie Dean McALPINE.

Court of Criminal Appeals of Texas.

November 21, 1973.

Attorney(s) appearing for the Case

Donald L. Kraemer, Huntsville, for appellant.

Jim D. Vollers, State's Atty., Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION ON MOTION FOR REHEARING

DOUGLAS, Judge.

Leave to file and the motion for rehearing are granted. The prior opinion is withdrawn.

This is a habeas corpus proceeding under Article 11.07, Vernon's Ann.C.C.P. The two convictions attacked are for the subsequent offense of operating a motor vehicle upon a public highway while intoxicated.

Applicant alleges that the prior misdemeanor convictions used as an element of each offense are void...

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