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DAY v. STATE

No. 2-88-217-CR.

784 S.W.2d 955 (1990)

Walter DAY, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Fort Worth.

February 28, 1990.

Attorney(s) appearing for the Case

Danny Burns, Fort Worth, for appellant.

Tim Curry, Criminal Dist. Atty., C. Chris Marshall, and Betty Stanton, Asst. Dist. Attys., Fort Worth, for appellee.

Before WEAVER, C.J., and FARRIS and LATTIMORE, JJ.

OPINION

WEAVER, Chief Justice.

In a jury trial, appellant Walter Day, Jr., was convicted of criminal attempt to commit murder. See TEX.PENAL CODE ANN. secs. 15.01(a) and 19.02 (Vernon 1989 and Supp.1990). The enhancement allegation of his previous conviction for murder with malice was found to be true, and he was sentenced to sixty years confinement. In his appeal, he presents two points of error, each of which is directed at the excusal of a prospective...

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