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BOSTON v. STATE

No. 10-90-223-CR.

880 S.W.2d 259 (1994)

Darrell Lee BOSTON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

July 13, 1994.

Attorney(s) appearing for the Case

Steven A. Kelley, Waxahachie, for appellant.

Mary Lou Shipley, County & Dist. Atty., David Sloan, Ass't County & Dist. Atty., Waxahachie, for appellee.

Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.

OPINION ON REMAND

PER CURIAM.

On original submission we reversed Darrell Lee Boston's conviction for robbery, holding that the trial court's refusal to allow Boston to make an opening statement before the State's presentation of evidence was error, and that such error was not harmless.1 Subsequently, a majority of the Court of Criminal Appeals in Moore v. State, held that article...

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