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MARION v. STATE

No. 1051-82.

652 S.W.2d 369 (1983)

Timothy Wayne MARION, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

March 1, 1983.

Attorney(s) appearing for the Case

Gary Norwood, on appeal only, Midland, for appellant.

Vern Martin, Dist. Atty., and Steven W. Bruneman, Asst. Dist. Atty., Midland, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION CONCURRING WITH REFUSAL OF APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

The portion of the application paragraph that authorized the jury to convict under the law of parties instructed:

"... or if you find from the evidence beyond a reasonable doubt that Charles Brown and Kenneth Marion, or either of them, in Midland County, Texas, on or about the 26th day of October, 1980, did...

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