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VILLARREAL v. STATE

No. 315-85.

708 S.W.2d 845 (1986)

Harvey VILLARREAL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

April 23, 1986.

Attorney(s) appearing for the Case

Andrew W. Carruthers (court-appointed), San Antonio, for appellant.

Sam D. Millsap, Jr., Dist Atty. and Linda C. Anderson, Robert C. Arellano, Charles B. Tennison and Charles Estee, Asst. Dist. Attys., San Antonio, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

TOM G. DAVIS, Judge.

This is an appeal from a conviction for murder. Trial was before a jury, and the court assessed punishment at life. The Fourth Court of Appeals (San Antonio) affirmed, holding, inter alia, that the State's sole eye witness, an eleven-year-old great-granddaughter of the murder victim, was not an "accomplice witness" as a matter of law or fact,1 as she...

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