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BUTLER v. STATE

No. 124-82.

640 S.W.2d 612 (1982)

Norris Anthony BUTLER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 27, 1982.

Attorney(s) appearing for the Case

Murry B. Cohen, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., and Winston E. Cochran, Jr. and Gene Nettles, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

The sole question in this cause is whether a part of the opinion of the Court in Durham v. State, 466 S.W.2d 758 (Tex.Cr.App. 1971) is sound enough to warrant our acknowledging its continued vitality. The Court of Appeals found Durham to be dispositive of the issue raised in appellant's single ground of error, though the court characterizes...

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