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BURKE v. STATE

No. 454-82.

652 S.W.2d 788 (1983)

Gary BURKE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

June 22, 1983.

Attorney(s) appearing for the Case

Art Brender, (court appointed) Terry M. Casey, (court appointed) Fort Worth, for appellant.

Tim Curry, Dist. Atty., C. Chris Marshall, Victoria Fay Prescott and James J. Heinemann, Asst. Dist. Attys., Fort Worth, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

Indicted for murder, appellant was found guilty of the lesser included offense of voluntary manslaughter by a jury which assessed his punishment at twenty (20) years' imprisonment. The Ft. Worth Court of Appeals affirmed the conviction. Burke v. State, 632 S.W.2d 206 (Tex.App.1982).

The Court of Appeals held that (1) the prosecutor...

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