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JENSCHKE v. STATE

No. 1677-03.

147 S.W.3d 398 (2004)

Duane Keith JENSCHKE, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

October 20, 2004.

Attorney(s) appearing for the Case

Ilse D. Bailey and Norman True Whitlow, Kerrville, for Appellant.

E. Bruce Curry, District Atty., Kerrville, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

WOMACK, J., delivered the opinion of the Court, in which KELLER, P.J., and PRICE, JOHNSON, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

The question in this case is whether Article 38.23(a) of the Code of Criminal Procedure permits the admission, against the accused in the trial of a criminal case, of evidence that private persons acquired by conduct that violated a criminal law. We hold that Article 38.23(a) may permit the admission of such evidence when private...

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