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MILLER v. STATE

No. 08-95-00111-CR.

939 S.W.2d 681 (1996)

Martin Milton MILLER, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

December 19, 1996.

Attorney(s) appearing for the Case

Robert V. Garcia, Jr., Odessa, for Appellant.

Albert G. Valadez, District Attorney, Fort Stockton, for Appellee.

Before BARAJAS, C.J., and McCLURE and CHEW, JJ.

OPINION

McCLURE, Justice.

Martin Milton Miller, Jr. ("Miller") was found guilty of the murder of his brother, Bruce Edward Miller ("Bruce"). He was sentenced to life imprisonment and fined $10,000. In his first point of error, Miller asserts that the State should not have tendered evidence of his post-arrest silence to impeach his self-defense theory. Because no objection was made at trial, he asserts that admission of this evidence constituted fundamental...

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