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HOUSTON v. STATE

No. 743-82.

652 S.W.2d 389 (1983)

Michael David HOUSTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

May 4, 1983.

Attorney(s) appearing for the Case

Randal B. Gilbert, Tyler, for appellant.

Hunter B. Brush, Dist. Atty. and Charles F. Montgomery, Jr., Asst. Dist. Atty., Tyler, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

The Court granted discretionary review to consider the manner in which the Tyler Court of Appeals treated and resolved appellant's claim that the trial court erred by allowing the prosecution to impeach its own witness. Houston v. State, (Tex.App.—Tyler 1982).

The State tried this case and the trial court charged the jury on the theory that appellant, acting together with...

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