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661 S.W.2d 721

Henderson v. State

Court of Criminal Appeals of Texas · decided 1983-06-29

Cited by 1 later decisions — most recently December 2001

1 state decisions

Relies on Burks v. United States · Greene v. Massey

Good law ✅— No negative treatment on recordhow we know

Decided 1983-06-29

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¶1OPINION ON APPELLANT’S MOTION FOR REHEARING

MILLER, Judge.

¶2Upon reconsideration of appellant’s case, we grant appellant’s motion for rehearing and adopt as the majority opinion Judge Clinton’s dissenting opinion on original submission. The judgment of the trial court is reversed and the cause is reformed to show an acquittal. Burks v. United States, 437 U.S. 1, 98 S.Ct. 2141, 57 L.Ed.2d 1 (1978); Greene v. Massey, 437 U.S. 19, 98 S.Ct. 2151, 57 L.Ed.2d 15 (1978).

ODOM and W.C. DAVIS, JJ., dissent for the reasons set forth in Commissioner DALLY’s opinion on original submission.
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