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McCARTER v. STATE

No. 50021.

527 S.W.2d 296 (1975)

Billy Wayne McCARTER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

September 17, 1975.

Attorney(s) appearing for the Case

George R. Milner, Dallas, for appellant.

Henry Wade, Dist. Atty., Richard W. Wilhelm, Winfield Scott and Gerald Banks, Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ON APPELLANT'S MOTION FOR REHEARING

MORRISON, Judge.

Our prior opinion in this case is withdrawn, and the following substituted in lieu thereof.

The offense is escape by a felon with punishment enhanced under Article 63, V.A.P.C., by two prior non-capital felony convictions; the punishment, life.

We shall first discuss grounds of error two and eight advanced in argument before this Court. Appellant's second ground of error...

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