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  5. 235 S.W.2d 896 (1951)
 

FITCH v. STATE

No. 25110.

235 S.W.2d 896 (1951)

FITCH v. STATE.

Court of Criminal Appeals of Texas.

January 24, 1951.

Attorney(s) appearing for the Case

No attorney on appeal for appellant.

George P. Blackburn, State's Atty., of Austin, for the State.

GRAVES, Presiding Judge.

Appellant was convicted of the offense of theft of property over the value of $50.00 and sentenced to a term of five years in the state penitentiary.

He asked that his sentence be suspended in the event of a conviction and for a sentence of not more than five years. The jury granted his application and recommended a suspension of sentence, and the court entered such order. However, there...

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