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BROWN v. STATE

No. 65431.

657 S.W.2d 797 (1983)

Clifford James BROWN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

September 14, 1983.

Attorney(s) appearing for the Case

Allan K. Butcher, J. Don Carter, Fort Worth, for appellant.

Tim Curry, Dist. Atty., C. Chris Marshall, William Kane, John Bankston, George Mackey 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 REMAND FROM THE UNITED STATES SUPREME COURT

McCORMICK, Judge.

This Court's original opinion and judgment, Brown v. State, 617 S.W.2d 196 (Tex. Cr.App.1981), were reversed by the Supreme Court of the United States, Texas v. Brown, ___ U.S. ___, 103 S.Ct. 1535, 75 L.Ed.2d 502 (1983), and the case was remanded for further proceedings.

Appellant now raises two questions and asks that they be...

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