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OLIVER v. STATE

No. 2-85-132-CR.

716 S.W.2d 742 (1986)

Samuel Ervin OLIVER, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

September 11, 1986.

Attorney(s) appearing for the Case

Zachry, Kearney, Hill, Shaw, Beatty & Butcher and Allan K. Butcher, Fort Worth, for appellant.

Tim Curry, Crim. Dist. Atty., and Betty Stanton, Asst. Dist. Atty., Fort Worth, for appellee.

Before BURDOCK, HILL and W.A. HUGHES, Jr. (Retired, Sitting by Assignment), JJ.

OPINION ON MOTION FOR REHEARING

HILL, Justice.

On motion for rehearing, the State contends that Oliver's objection to admission of the knife was based solely on constitutional grounds and not on his rights under the Texas Code of Criminal Procedure. An examination of the record reflects that Oliver did invoke his rights under the Texas Code of Criminal Procedure when objecting to the admission of the knife.

The State urges that we erred in failing...

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