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CHEW v. STATE

No. 04-89-00149-CR.

804 S.W.2d 633 (1991)

Felipe CHEW, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

February 20, 1991.

Attorney(s) appearing for the Case

Jaime O. Garza, Alice, for appellant.

Heriberto Silva, Dist. Atty., Rio Grande City, for appellee.

Before REEVES, C.J., and CARR, CHAPA, BUTTS, PEEPLES and BIERY, JJ., en banc

ON APPELLEE'S MOTION FOR REHEARING EN BANC

CHAPA, Justice.

Appellee's motion for rehearing is denied by this court sitting en banc. The opinion of November 7, 1990 is withdrawn, and the following is now filed as the opinion of this court.

We hold that reversible error was committed when 1) the appellant was refused his constitutional right of confrontation, and 2) appellant's motion for new trial, based on jury misconduct and newly available evidence...

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