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McNEIL v. STATE

No. 01-11-00371-CR.

398 S.W.3d 747 (2011)

Lemuel Anthony McNEIL, Appellant v. STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing En Banc Overruled March 22, 2012.

Discretionary Review Refused September 12, 2012.

Attorney(s) appearing for the Case

Nathan N. Beedle , Nathan N. Beedle P.C., Spring, for Appellant.

Eric Kugler , Assistant District Attorney of Harris County, Houston, for the State.

Panel consists of Chief Justice RADACK and Justices BLAND and HUDDLE.

OPINION

JANE BLAND, Justice.

In December 2001, Harris County firefighters and emergency medical personnel responded to an emergency call from Lemuel Anthony McNeil reporting a fire in his home. Inside, they found McNeil still conscious but overcome by smoke. They also found the body of his thirteen-month-old daughter.

A grand jury indicted McNeil on charges of capital murder and arson. The State first tried McNeil on the capital murder charge, which...

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