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SMITH v. STATE

No. 63,201.

646 S.W.2d 452 (1983)

Kenneth Eugene SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

March 9, 1983.

Attorney(s) appearing for the Case

John G. Tatum, on appeal only, Mesquite, for appellant.

Henry Wade, Dist. Atty. and Maridell Templeton, Paul Macaluso and Martin LeNoir, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for State.

Before ONION, P.J., and CLINTON and TEAGUE, JJ.

OPINION

TEAGUE, Judge.

Kenneth Eugene Smith, appellant, appeals his conviction by a jury for committing the offense of aggravated robbery. The jury also rejected appellant's application for probation and assessed punishment at 10 years' confinement in the penitentiary. We will reverse appellant's conviction because we find that the trial court erred by admitting into evidence a spontaneous declaration of a person who did not testify at appellant's trial...

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