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STATE v. MASON

No. 1300-97.

980 S.W.2d 635 (1998)

The STATE of Texas, v. Fredrick Dewayne MASON, Appellee.

Court of Criminal Appeals of Texas, En Banc.

October 28, 1998.

Attorney(s) appearing for the Case

William K. Goode, Houston, for appellant.

Dan McCrory, Assist. DA, Houston, Matthew Paul, State's Atty., Austin, for the State.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

HOLLAND, Judge, delivered the opinion of the Court in which McCORMICK, Presiding Judge, and MANSFIELD and PRICE, Judges, joined.

The State indicted appellee with unlawful possession of a firearm by a felon, pursuant to § 46.04 of the Penal Code. The trial court granted appellee's motion to quash the indictment, ruling the prosecution was controlled by former § 46.05 of the Penal Code....

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