Varela v. State

561 S.W.2d 186 (1978)

Ernesto Ortega VARELA, Appellant,

v.

The STATE of Texas, Appellee.

No. 52959.

Court of Criminal Appeals of Texas, En Banc.

February 8, 1978.

F. Terry Callahan, San Antonio, for appellant.

Ted Butler, Dist. Atty., E. Dickinson Ryman, Sid W. Conwan, Jr., and H. Wayne Campbell, Asst. Dist. Attys., San Antonio, for the State.

Before the court en banc.

OPINION

ONION, Presiding Judge.

With the exception of the two footnotes contained therein which this writer has inserted, the following opinion was originally prepared by the late Judge Howard P. Green, a Commissioner of this court. In…