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BAKER v. STATE

No. 135-85.

707 S.W.2d 893 (1986)

James Earl BAKER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied April 23, 1986.

Attorney(s) appearing for the Case

Herb Ritchie, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., and James C. Brough and Casey O'Brien, Asst. Dist. Attys., Houston, Robert Huitash, State's Atty., Alfred Walker, First Asst., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

TOM G. DAVIS, Judge.

A jury found appellant guilty of attempted murder and the court assessed ten years. The First Court of Appeals (Houston) reversed and remanded for a new trial in a published opinion, holding that the jury's implied finding that appellant was not insane was so against the great weight and preponderance of the evidence as to be manifestly unjust...

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