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PROCTOR v. STATE

Nos. 1012-96, 1013-96.

967 S.W.2d 840 (1998)

Aaron Dwayne PROCTOR and Jonathan L. Lemell, Appellants, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

March 11, 1998.

Attorney(s) appearing for the Case

Michael B. Charlton, Houston, Janet S. Morrow, Spring, for appellants.

Alan Curry, Asst. Dist. Atty., Houston, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

OPINION ON THE STATE'S PETITIONS FOR DISCRETIONARY REVIEW

MANSFIELD, Judge, delivered the opinion of the Court, in which McCORMICK, Presiding Judge, and KELLER, HOLLAND and WOMACK, Judges, join.

We granted the State's petitions for discretionary review in these two cases to reconsider our prior holdings that the State, as part of its burden of proof in a criminal prosecution, must always prove beyond a reasonable doubt that the prosecution is not limitations...

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