BOYKIN v. STATE

No. 48352.

513 S.W.2d 820 (1974)

Richard Meaker BOYKIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 9, 1974.


Attorney(s) appearing for the Case

R. E. McDaniel, Beaumont, for appellant.

Tom Hanna, Dist. Atty. and John R. DeWitt, Asst. Dist. Atty., Beaumont, Jim D. Vollers, State's Atty., Austin, for the State.


OPINION ON MOTION TO REINSTATE APPEAL

ODOM, Judge.

Our opinion on original submission is withdrawn. The State's motion to reinstate the appeal is granted.

On original submission we were of the opinion that we lacked jurisdiction. Our reasoning then was that the commutation subsequent to the judgment assessing the death penalty and prior to the time the record was filed with this Court deprived this case from being an appeal "taken from a death penalty...

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