Butler v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

The sole question in this cause is whether a part of the opinion of the Court in Durham v. State, 466 S.W.2d 758 (Tex.Cr.App.1971) is sound enough to warrant our acknowledging its continued vitality. The Court of Appeals found Durham to be dis-positive of the issue raised in appellant’s single ground of error, though the court characterizes his effort to distinguish it as “logical and persuasive.” Butler v. State, 629 S.W.2d 830 (Tex.Civ.App.-Houston (14th) 1982). Taking a somewhat different approach, we will nevertheless…