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GINTHER v. STATE

No. 68737.

672 S.W.2d 475 (1984)

Noble Charles GINTHER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

July 11, 1984.

Attorney(s) appearing for the Case

David H. Berg, Philip D. Zelikow, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., and Ray Elvin Speece and Raymond E. Fuchs, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., and Cathleen Riedel, Asst. State's Atty., Austin, for the State.

OPINION ON STATE'S MOTION FOR REHEARING

CAMPBELL, Judge.

Appeal is taken from a conviction for driving while intoxicated. Appellant was assessed a punishment of three days confinement and a fifty dollar fine, probated. On original submission, in an en banc opinion, we reversed the conviction because the trial court failed to base a ruling, which excluded an out-of-court experiment, upon "any facts or knowledge of the circumstances of the experiment." We...

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