Fain v. State

986 S.W.2d 666 (1998)

Roger Eugene FAIN, Appellant,

v.

The STATE of Texas, Appellee.

No. 03-95-00427-CR.

Court of Appeals of Texas, Austin.

December 17, 1998.

Rehearing Overruled March 4, 1999.

Before Chief Justice ABOUSSIE, Justices POWERS, JONES, KIDD, B.A. SMITH, YEAKEL and ONION.[*]

BEA ANN SMITH, Justice.

After granting the State's motion for rehearing en banc, we withdraw the panel opinion and judgment issued March 12, 1998 and substitute this one in its place. This is an appeal from a conviction of murder. See Tex. Penal Code Ann. § 19.02(b)(1), (2) (West 1994).[1] After the jury returned a…