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TROUT v. STATE

No. 270-84.

702 S.W.2d 618 (1985)

Lynn Edward TROUT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En banc.

October 30, 1985.

Attorney(s) appearing for the Case

Lawrence B. Mitchell, Jerry Birdwell, Kerry P. Fitzgerald, Dallas, for appellant.

Henry Wade, Dist. Atty., and John Hagler, Jeffrey B. Keck, Stewart Robinson, Mary Ludwick & Mike Keasler, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S MOTION FOR REHEARING ON PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

Appellant was convicted of murder and sentenced to twenty years incarceration at the Texas Department of Corrections.

Appellant alleged two specific instances of jury misconduct in an amended motion for new trial supported by attached affidavits. At the hearing on the motion for new trial appellant raised and argued a further instance of jury misconduct...

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