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KELLY v. STATE

No. 439-85.

724 S.W.2d 42 (1987)

Patrick O'Neil KELLY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

February 4, 1987.

Attorney(s) appearing for the Case

Lawrence B. Mitchell, on appeal only, Dallas, for appellant.

Henry Wade, Dist. Atty., Dennis E. Guffey, Rider Scott, Steve Miller & William Randell Johnson, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW AND REVIEW ON COURT'S OWN MOTION

TEAGUE, Judge.

We granted the petition for discretionary review that was filed on behalf of Patrick O'Neil Kelly, hereinafter referred to as appellant, in order to review the decision by the court of appeals, Third Supreme Judicial District, which rejected the appellant's claim that Art. 1918c, V.A.C.S., the "Dallas County Magistrates' Act", was unconstitutional

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