McCULLOUGH v. STATE

No. 351-83.

720 S.W.2d 89 (1983)

Sanford James McCULLOUGH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied December 5, 1984.

Second Rehearing Denied February 20, 1985.


Attorney(s) appearing for the Case

Ed McConnell, Amarillo, for appellant.

Randall L. Sherrod, Dist. Atty. and Deane C. Watson, Asst. Dist. Atty., Canyon, Robert Huttash, State's Atty., Austin, for the State.

Before the Court en banc.


OPINION ON DISCRETIONARY REVIEW ON THE COURT'S OWN MOTION

THOMAS G. DAVIS, Judge.

Appellant was convicted of murder in September 1980 and assessed punishment at 20 years confinement by the jury. Subsequently appellant's motion for new trial was granted and upon re-trial, appellant was again found guilty by a jury. Appellant elected to have the court assess punishment at the second trial, and the trial judge, who...

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