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LANE v. STATE

No. 63199.

621 S.W.2d 172 (1981)

Michael Dean LANE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

Dissenting Opinion September 23, 1981.

Attorney(s) appearing for the Case

James P. Finstrom, Dallas, for appellant.

Henry Wade, Dist. Atty., Stanley E. Keeton, Christopher Milner and Andy Anderson, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before ROBERTS and ODOM, JJ.

OPINION

ROBERTS, Judge.

In the early morning hours of October 28, 1978, Edward Hamilton was awakened by the odor of smoke and discovered flames arising from the garage area of his house. An investigation of the incident revealed that the fire started in Hamilton's boat which was parked adjacent to the garage. Evidence recovered following the fire indicated that the boat had been ignited by a road flare. The appellant, who had told friends that he had thrown...

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