Opinion
APPEAL FROM THE COURT OF CRIMINAL APPEALS OF TEXAS
No. 79-5962.
Argued November 5, 1980 Decided December 9, 1980
Appeal dismissed. Reported below: 586 S.W.2d 880.
Robert D. McCutcheon, by appointment of the Court, 446 U.S. 934, argued the cause and filed a brief for appellant.
Douglas M. Becker, Assistant Attorney General of Texas, argued the cause for appellee. With him on the brief were Mark White, Attorney General, John W. Fainter, Jr., First Assistant Attorney General, and W. Barton Boling and Dawn Bruner, Assistant Attorneys General.
The appeal is dismissed for want of a properly presented federal question.
THE CHIEF JUSTICE and JUSTICE POWELL would dismiss for want of jurisdiction.