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CAIN v. STATE

No. 1525-96.

958 S.W.2d 404 (1997)

Robert CAIN, Appellee, v. The STATE of Texas, Appellant.

Court of Criminal Appeals of Texas, En Banc.

December 18, 1997.

Attorney(s) appearing for the Case

John Cornelius, Marshall, for appellant.

Jeffrey L. Van Horn, Asst. State's Atty., Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

MEYERS, Judge, delivered the opinion of the Court in which BAIRD, MANSFIELD, KELLER and HOLLAND, Judges, joined.

Appellant was charged with violating the civil rights of a prisoner.1 § 39.021(a)(1) Texas Penal Code (Vernon 1993). The jury found Appellant guilty and assessed punishment at ten years' imprisonment, probated for five years, and a fine of five hundred...

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