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DANIELS v. STATE

No. 441-82.

645 S.W.2d 459 (1983)

Alton Lee DANIELS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

February 16, 1983.

Attorney(s) appearing for the Case

Lennox C. Bower, Dallas, for appellant.

Henry Wade, Dist. Atty. and Gilbert P. Howard, Asst. Dist. Atty., Dallas, 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 PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

In an unpublished per curiam opinion the Dallas Court of Appeals reversed the judgment of conviction for murder and remanded the cause for a new trial. Its reason:

"Because appellant testified that the deceased threatened to kill him and reached into his back pocket for what appellant thought was a gun, and appellant feared for his life, appellant was entitled to a charge on voluntary...

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