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MARTIN v. STATE

No. 59074.

630 S.W.2d 952 (1982)

Billie Glen MARTIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

April 14, 1982.

Attorney(s) appearing for the Case

Donald W. Duesler, Beaumont, on appeal only, for appellant.

Robert Huttash, State's Atty. & Alfred Walker, Asst. State's Atty., Bruce N. Smith, Dist. Atty., and John R. DeWitt, Asst. Dist. Atty., Beaumont, for the State.

Before the Court en banc.

OPINION ON STATE'S MOTION FOR REHEARING

CLINTON, Judge.

Our prior opinion is withdrawn.

In light of the unorthodox way our earlier opinion was produced, the State, in effect, is urging that the Court En Banc engage in its essential function of reviewing an initial opinion on original submission to a panel of the Court.1 Through examination of portions of the record now pointed to by the State and upon further reflection...

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