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SMALL v. STATE

Nos. 62618 to 62621.

634 S.W.2d 698 (1982)

Johnny Jay SMALL, Appellant, v. The STATE of Texas, Appellee.

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

June 23, 1982.

Attorney(s) appearing for the Case

Mike DeGeurin, Houston, for appellant.

Carol S. Vance, Dist. Atty., Michael Kuhn and George Godwin, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before DALLY, W. C. DAVIS and TEAGUE, JJ.

OPINION

TEAGUE, Judge.

Both the appellant and the State agree that on November 2, 1978, outside of a business establishment, Cooter's, located in the Windsor Shopping Center in Houston, appellant became involved in a melee. The parties did not, however, agree at trial as to which person was responsible for initiating the events which led to the subsequent altercation between appellant and others. The State's witnesses...

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