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DURROUGH v. STATE

No. 65792.

620 S.W.2d 134 (1981)

Fred T. DURROUGH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

July 22, 1981.

Attorney(s) appearing for the Case

C. N. Rothe, Warren Weir, San Antonio, for appellant.

Bill M. White, Dist. Atty., Dick Ryman, Bill Blagg, Roy Barrera, Jr., and Linda S. McDonald, Asst. Dist. Attys., San Antonio, Robert Huttash, State's Atty., Austin, for the State.

Before the Court en banc.

OPINION

ROBERTS, Judge.

The appellant has been indicted and placed on trial three times for the murder of Henry S. Tyler. The first trial, Cause No. 74-CR-575-A, was aborted when the trial court granted the State's motion to dismiss the original indictment after only five jurors had been selected and sworn. The appellant was reindicted and found guilty of the offense of capital murder in Cause No. 74-CR-2140-A, but that judgment was reversed on appeal because...

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