LeDuc v. State

ON APPELLANT’S MOTION FOR REHEARING

• ROBERTS, Judge,

dissenting.

The Court today affirms, without further written opinion, the prior panel opinion in this cause.

For the reasons stated in Coleman v. State, 530 S.W.2d 823, 826-27 (Tex.Cr.App.) (dissenting opinion), I dissent to the holding that it was not error to refuse to submit a circumstantial evidence charge in this case.

PHILLIPS, J., joins in this dissent.