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VANN v. STATE

No. 13-91-457-CR.

853 S.W.2d 243 (1993)

Cherie Field VANN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

Dissenting Opinion March 26, 1993.

Attorney(s) appearing for the Case

Ronald N. Hayes, Karen Zellars, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Linda A. West, Craig Goodhart, Asst. Dist. Attys., Houston, Robert Huttash, State Pros. Atty., Matthew W. Paul, Asst. State Pros. Atty., Austin, for appellee.

Before NYE, C.J., and FEDERICO G. HINOJOSA, Jr. and GILBERTO HINOJOSA, JJ.

Dissenting Opinion of Chief Justice Nye March 26, 1993.

OPINION

FEDERICO G. HINOJOSA, Jr., Justice.

On State's petition for discretionary review and under the provisions of Tex. R.App.P. 101, we reconsider and modify our opinion of March 26, 1993, and substitute the following as the opinion of this court.

A jury found appellant, who was indicted for murder, guilty of the lesser included offense of voluntary manslaughter, found that she used...

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