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RUSHING v. STATE

No. 10-00-084-CR.

50 S.W.3d 715 (2001)

Jonathan Daniel RUSHING, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

Opinion Overruling Rehearing August 1, 2001.

Attorney(s) appearing for the Case

John M. Hurley, Waco, for appellant.

John W. Segrest, Crim. Dist. Atty., James Wiley, Asst. Crim. Dist. Atty., Waco, for appellant.

Before Chief Justice DAVIS, Justice VANCE, and Justice GRAY.

OPINION

VANCE, Justice.

When he was sixteen, Jonathan Daniel Rushing was living in a foster home. The home was near the residence of seventy-three-year-old Houston Burgess. Burgess's body was located after a search; he had been missing five days. He was found stabbed to death with his throat cut; his car had been stolen.

Rushing and another juvenile were soon implicated, and they were arrested for the crime. Because Rushing was under age seventeen...

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