David Lee Swaim, Jr. v. State

[COMMENT1]

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-07-165-CR

DAVID LEE SWAIM, JR. APPELLANT

V

THE STATE OF TEXAS STATE

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FROM THE 367TH DISTRICT COURT OF DENTON COUNTY

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OPINION ON APPELLANT=S

PETITION FOR DISCRETIONARY REVIEW

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Pursuant to Texas Rule of Appellate Procedure 50, we withdraw our March 13, 2008 opinion and judgment and substitute the following. Tex. R. App. P. 50.

A jury convicted Appellant David Lee Swaim, Jr. of murder and assessed his punishment at life imprisonment. In two points, Swaim argues that the trial court committed harmful error…