BARBER v. STATE

No. 68905.

757 S.W.2d 359 (1988)

Danny Lee BARBER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

September 14, 1988.


Attorney(s) appearing for the Case

Melvyn Carson Bruder, Lawrence B. Mitchell, Dallas, for appellant.

Henry Wade, Former Dist. Atty., John Vance, Dist. Atty., and Kathi Alyce Drew, Winfield Scott, Paul Macaluso, Doug Moulder and Kelly Loving, Asst. Dist. Attys. Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION AFTER REMAND

ONION, Presiding Judge.

On original submission appellant contended, inter alia, that the trial court erred in failing to empanel a separate jury to determine his competency to stand trial. We disposed of the other points of error and abated the appeal and remanded the cause to the trial court to empanel a jury to determine whether appellant was competent to stand trial in 1980 when he was convicted of capital murder. Barber v. State...

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