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WILLIAMS v. STATE

No. 04-88-00262-CR.

775 S.W.2d 812 (1989)

Thomas Hiram WILLIAMS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio, En Banc.

Discretionary Review Granted October 25, 1989.

Attorney(s) appearing for the Case

Terrance McDonald, San Antonio, for appellant.

W.C. Kirkendall, Seguin, for appellee.

Before CADENA, C.J., and BUTTS, REEVES, CHAPA, PEEPLES, BIERY and CARR, JJ.

ON APPELLANT'S MOTION FOR REHEARING EN BANC AND MOTION FOR REHEARING

PEEPLES, Justice.

The opinion of this Court issued April 19, 1989, is withdrawn, and this opinion is substituted.

Appellant Williams contends that the fifth amendment's double jeopardy clause and its Texas counterpart bar an indictment for attempted capital murder because he was earlier held in contempt of court and punished for the same episode, which violated a civil injunction...

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