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ESCAMILLA v. STATE

No. 53660.

561 S.W.2d 205 (1978)

Eddie ESCAMILLA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

February 15, 1978.

Attorney(s) appearing for the Case

Frank Steelman, Bryan, for appellant.

W. T. McDonald, Jr., Dist. Atty., J. Bradley Smith and W. W. Torrey, Asst. Dist. Attys., Bryan, for the State.

Mandate will reissue.

DISSENTING OPINION ON STATE'S MOTION FOR REHEARING

DOUGLAS, Judge, dissenting.

The majority reissues the mandate without written opinion.

On original submission a majority reversed the conviction on the grounds that the Code of Criminal Procedure did not authorize the issuance of a search warrant for blood and that the evidence was insufficient to support the verdict. Thereafter, the State's motion for rehearing was overruled by the majority without...

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