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McKINNEY v. STATE

No. 10-87-071-CR.

744 S.W.2d 252 (1987)

Willie Lee McKINNEY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

December 17, 1987.

Attorney(s) appearing for the Case

Carolyn G. Kousz, Waco, for appellant.

Vic Feazell, Cr. Dist. Atty., Jim Vandygriff, Asst. Dist. Atty., Waco, for appellee.

OPINION

THOMAS, Justice.

This is a murder case in which the jury assessed a life sentence. The charge on punishment contained the parole instruction required by section 4(a) of article 37.07 of the Code of Criminal Procedure, which was given over Appellant's objection that the instruction violated his right to due process and the doctrine of separation of powers. See Tex.Code Crim.Proc.Ann. art. 37.07, sec. 4(a) (Vernon Supp.1987). Section 4(a) of...

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