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KEITH v. STATE

No. 792-85.

721 S.W.2d 294 (1986)

Kenneth Arthur KEITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

May 7, 1986.

Attorney(s) appearing for the Case

George McCall Secrest, Jr., Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., and Winston E. Cochran, Jr., and Eric Hagsteete, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

Prior Report: Tex.App., 692 S.W.2d 921.

Both State's petitions for discretionary review refused.

McCORMICK, J., joined by ONION, P.J., and by CLINTON and TEAGUE, JJ., to part two of the dissenting opinion.

McCORMICK, Judge, dissenting.

Because the majority refuses to examine the Court of Appeals' holding, I dissent.

Further, I would grant review on this Court's own motion and reform the judgment of...

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