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McELWEE v. STATE

No. 54136.

589 S.W.2d 455 (1979)

Maurice McELWEE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

November 21, 1979.

Attorney(s) appearing for the Case

Steven M. Mason and Wilson McVicker, Jr., Lufkin, for appellant.

Gerald A. Goodwin, Dist. Atty., Lufkin, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON REMAND FROM THE UNITED STATES SUPREME COURT

ONION, Presiding Judge.

"A foolish consistency is the hobgoblin of little minds, adored by little statesmen and philosophers and divines."1

On original submission, a panel of this court affirmed this murder conviction, wherein the punishment assessed was ninety-nine (99) years' imprisonment. We held, among other things, that the appellant's

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