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MILLER v. STATE

No. 961-82.

708 S.W.2d 436 (1984)

Robert Edward MILLER, Appellant v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied February 12, 1986.

Attorney(s) appearing for the Case

Eugene H. Lieck, San Antonio, for appellant.

Bill M. White, Dist. Atty. and Edward F. Shaughnessy, III, Ron Mata, Lawrence J. Souza and Douglas V. McNeel, Asst. Dist. Attys., San Antonio, and Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

Appellant was convicted of murder and assessed life imprisonment by a jury.

On appeal the San Antonio Court of Appeals in a panel opinion reversed the conviction holding that the trial court erred in overruling appellant's pretrial plea in bar of prosection based on a statutory claim of former jeopardy under Article 30(c), V.A. P.C., as amended (Acts 1973, 63rd Leg., p. 1484, ch...

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