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STONE v. STATE

No. 01-87-00014-CR.

751 S.W.2d 579 (1988)

Ralph STONE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

May 5, 1988.

Attorney(s) appearing for the Case

Catherine Greene Burnett, Morrow & Burnett, Houston, for appellant.

John B. Holmes, Dist. Atty., Harris County, Kathy Giannaula, Asst. Dist. Atty., for appellee.

Before EVANS, C.J., and DUNN and SAM BASS, JJ.

OPINION ON REHEARING

SAM BASS, Justice.

We withdraw our opinion of February 25, 1988, and replace it with this opinion. In so doing, we overrule the State's motion for rehearing; however, we take the State's motion as an opportunity to supplement the reasoning of our earlier opinion.

Appellant pleaded not guilty to a charge of murder but was found guilty by the jury. The trial court assessed punishment at 10 years confinement. We reverse and remand...

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