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FLOWERS v. STATE

No. 40179.

415 S.W.2d 178 (1967)

Dearl M. FLOWERS, Mack R. Bolin and Glen E. Phifer, Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 7, 1967.

Attorney(s) appearing for the Case

John H. (Buddy) Rogers, Odessa, Murray J. Howze, Monahans, for appellants.

Jack Tidwell, Dist. Atty., Odessa, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The record has now been perfected, and our original opinion dismissing this appeal is withdrawn.

The offense is felony theft; the punishment assessed by the jury against each of the three defendants is two years in the Department of Corrections.

In their brief filed in the trial court appellants contend that the court erred in failing to grant their motion for an instructed verdict of not guilty "after presentation...

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