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HUMAN v. STATE

No. 042-86.

749 S.W.2d 832 (1988)

James Daniel HUMAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

On Motion for Rehearing March 16, 1988.

Rehearing Denied May 11, 1988.

Attorney(s) appearing for the Case

Mike Gibson, Robert T. Baskett, Dallas, for appellant.

Gene Knize, Co. Atty. and Daniel McBride, Asst. Co. Atty., Waxahachie, Robert Huttash, State's Atty., Austin, for the State.

OPINION ON APPELLANT'S MOTION FOR REHEARING

TEAGUE, Judge.

Appellant's Motion for Rehearing is granted.

The opinions filed in this cause on February 3, 1988 are hereby ordered withdrawn and the following is substituted therefor.

To vest jurisdiction in the district court and to establish that James Daniel Human, hereinafter appellant, had committed the felony offense of driving while intoxicated, the State alleged in the indictment the following...

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