SMITH v. STATE

No. 117-82.

641 S.W.2d 248 (1982)

Elvin Lang SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

November 10, 1982.


Attorney(s) appearing for the Case

Ken J. McLean, Houston, on petition for discretionary review only, for appellant.

John B. Holmes, Jr., Dist. Atty. and Ray Elvin Speece, Asst. Dist. Atty., Houston, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the Court en banc.


OPINION ON STATE'S MOTION FOR REHEARING

ODOM, Judge.

Our prior opinion is withdrawn.

This cause is before the Court on appellant's petition for discretionary review. The Court of Appeals affirmed the conviction. On original submission to this Court we reversed the conviction. We now reconsider that decision on the State's motion for rehearing.

The issue before the Court concerns a ruling by the trial court on the State's challenge for cause...

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