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GIBSON v. STATE

No. 62720.

726 S.W.2d 129 (1987)

Willie Burke GIBSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

March 4, 1987.

Attorney(s) appearing for the Case

Frank B. McGregor, Hillsboro, for appellant.

Neal T. Jones, Jr., Dist. Atty., Hillsboro, Robert Huttash, State's Atty., and Alfred Walker, First Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S THIRD MOTION FOR REHEARING

W.C. DAVIS, Judge.

A jury found appellant guilty of the offense of murder and assessed punishment at life imprisonment in the Texas Department of Corrections.

The record reflects that appellant had been previously convicted and sentenced to life imprisonment in the same cause. However, the trial judge subsequently granted appellant a new trial pursuant to Art. 40.09, V.A.C.C.P., prior to the 1981 amendment...

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