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O'PRY v. STATE

No. 66144.

642 S.W.2d 748 (1981)

Jermiah B. O'PRY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

On Rehearing December 22, 1982.

Attorney(s) appearing for the Case

Reed Jackson, Fairfield, for appellant.

Robert W. Gage, County Atty., Fairfield, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the Court en banc.

OPINION

DALLY, Judge.

This is an appeal from a conviction for capital murder. The punishment is death.

The appellant contends that certain prospective jurors were improperly excused in light of the recent United States Supreme Court holding in Adams v. Texas, 448 U.S. 38, 100 S.Ct. 2521, 65 L.Ed.2d 581 (1980). We agree and reverse.

In Witherspoon v. Illinois...

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