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MASSENGALE v. STATE

No. 1053-82.

653 S.W.2d 20 (1983)

Lewis MASSENGALE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

June 29, 1983.

Attorney(s) appearing for the Case

Hank Anderson, Wichita Falls, for appellant.

Brock Smith, Dist. Atty. and Patrick Morris, Asst. Dist. Atty., Decatur, 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

ODOM, Judge.

Appellant was convicted of murder. Punishment was assessed at life. On appeal he raised four grounds of error. The Court of Appeals affirmed, 642 S.W.2d 834. We granted appellant's petition for review in order to examine the second ground of error.

In his brief filed with the Court of Appeals appellant stated the ground of error as follows:

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