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KERNS v. STATE

Nos. 52670 to 52673.

550 S.W.2d 91 (1977)

David Joe KERNS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 3, 1977.

Attorney(s) appearing for the Case

Neal B. Wheeler, Dallas (Court-appointed on appeal), for appellant.

Henry Wade, Dist. Atty., John H. Hagler, Robert E. Whaley and John Ovard, 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

ODOM, Judge.

Our opinion on original submission is withdrawn and the following is substituted in lieu thereof.

Appellant was convicted for the murder of four persons. He was assessed punishment at life imprisonment for each offense.

Appellant first asserts that the trial court committed reversible error when it failed to instruct the jury that Joseph Arnwine, a State witness, was an accomplice witness...

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