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YARBOROUGH v. STATE

No. 0235-94.

947 S.W.2d 892 (1997)

Larry YARBOROUGH, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

June 11, 1997.

Attorney(s) appearing for the Case

Charles H. Roach, Fort Worth, for appellant.

Steven W. Conder, Asst. Dist. Atty., Fort Worth, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

WOMACK, Judge.

The question in this case is whether a prosecutor's unchallenged statement about a venire member's demeanor can constitute adequate support for a trial court's finding in a Batson hearing.

The venire panel in this case comprised 42 persons. Because one person was excused for cause, the last person reached for jury service was Number 33. The parties agreed that the State peremptorily...

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