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WHITMIRE v. STATE

No. 11-94-185-CR.

913 S.W.2d 738 (1996)

Cletis Ray WHITMIRE, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Overruled February 1, 1996.

Attorney(s) appearing for the Case

Martin L. Peterson, Stephenville, Jim Parker, Comanche, for appellant.

Andy McMullen, District Attorney, Ben L. Stool, Assistant District Attorney, Hamilton, for appellee.

Before ARNOT, C.J., and DICKENSON and WRIGHT, JJ.

OPINION

DICKENSON, Justice.

The jury convicted Cletis Ray Whitmire of a third degree felony, "injury to a child,"1 and assessed his punishment at two years confinement in the Texas Department of Criminal Justice.2 We reverse and render.

Background Facts

The evidence shows that appellant had been watching the Dallas Cowboys...

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