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DOWDEN v. STATE

No. 01-81-0560-CR.

638 S.W.2d 85 (1982)

Billy Wayne DOWDEN, Sr., Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Discretionary Review Granted November 17, 1982.

Attorney(s) appearing for the Case

Larry Dowell, Leonard Roth, Houston, for appellant.

James O. Jenkins, Jr., Orange, for appellee.

OPINION ON MOTION FOR REHEARING

DYESS, Justice.

The opinion heretofore issued on February 25, 1982 is withdrawn and the following opinion is substituted.

The appellant and his co-defendant, Clifford Blansett, were indicted for capital murder—knowingly and intentionally causing the death of a police officer who was acting in the course of duty and who was known to the defendant to be a police officer. Tex. Penal Code Ann. § 19.03(a). Blansett...

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