Opinion
No. 289-84.
July 18, 1984.
Appeal from 71st Judicial District, Harrison County; Ben Z. Grant, judge.
Jack Sanders, Jr., Marshall, for appellant.
Sam F. Baxter, Dist. Atty., Marshall, Robert Huttash, State's Atty., Austin, for the State.
Before the court en banc.
APPELLANT'S PETITION FOR DISCRETIONARY REVIEW
We agree with the Court of Appeals that appellant's conviction should be reversed. Ex parte Crisp, 661 S.W.2d 944 (Tex.Cr.App. 1983). Accordingly, appellant's petition for discretionary review will be refused. As is true in every case, refusal of discretionary review by this Court does not constitute an endorsement or adoption of the reasoning employed by the Court of Appeals in its opinion. Sheffield v. State, 650 S.W.2d 813 (Tex.Cr.App. 1983).
Appellant's petition for discretionary review is refused.