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RUTH v. STATE

No. 55903.

645 S.W.2d 432 (1979)

David Allen RUTH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

Rehearing Denied March 1, 1983.

Attorney(s) appearing for the Case

Mike DeGeurin, Houston, for appellant.

Carol S. Vance, Dist. Atty., Alvin M. Titus and R.P. Cornelius, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P.J., and ROBERTS and W.C. DAVIS, JJ.

OPINION

ROBERTS, Judge.

On the retrial of this cause after we reversed and remanded (Ruth v. State, 522 S.W.2d 517 (Tex.Cr.App.1975)), a jury again found the appellant to be guilty of murder with malice and assessed his punishment at 15 years' confinement. The appellant raises several grounds of error which turn on our determination of whether he was in custody when he was questioned by police officers.

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