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BENNETT v. STATE

No. 823-84.

726 S.W.2d 32 (1986)

Donald Whitt BENNETT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

June 4, 1986.

Attorney(s) appearing for the Case

Michael P. Gibson, Dallas, for appellant.

Dan Meehan, Dist. Atty., Bonham, Robert Huttash, State's Atty., Austin, for State.

Before the Court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was convicted by jury of the offense of murder and his punishment assessed at ten years confinement in the Texas Department of Corrections. His conviction was overturned, however, by the court of appeals in Bennett v. State, 673 S.W.2d 396 (Tex.App.—Texarkana 1984). The court of appeals reversed because of a jury charge which applied...

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