SCOTT v. STATE

No. 55659.

593 S.W.2d 724 (1980)

Tommy Earl SCOTT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

February 6, 1980.


Attorney(s) appearing for the Case

Phil Brown, on appeal only, Lubbock, for appellant.

Marvin F. Marshall, Dist. Atty., Plainview, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION ON APPELLANT'S MOTION FOR REHEARING

ONION, Presiding Judge.

Our prior opinion is withdrawn. This is an appeal from a murder conviction, where the jury had assessed punishment at fifty (50) years' imprisonment.

Appellant now urges that this Court consider his contention raised for the first time on rehearing that the court's charge at the guilt stage of the proceedings was fundamentally defective in that it authorized conviction upon a theory...

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