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NEWMAN v. STATE

No. 017-86.

743 S.W.2d 641 (1988)

Jack Henry NEWMAN, a/k/a Popeye Newman, a/k/a Bull Newman, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

January 27, 1988.

Attorney(s) appearing for the Case

Kenneth R. Poland (on appeal only), Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., and William J. Delmore, III and Beth McGregor, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

TEAGUE, Judge.

The record reflects that, although present and apparently available and willing to testify during its case in chief against Jack Henry Newman, a/k/a Popeye Newman, a/k/a Bull Newman, hereinafter appellant, the child-complainant in this cause was never called by the State to testify against appellant; the State opting to use in the place of her testimony a pretrial videotape recording...

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