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ROACH v. STATE

No. 26513.

261 S.W.2d 847 (1953)

ROACH v. STATE.

Court of Criminal Appeals of Texas.

November 11, 1953.

Attorney(s) appearing for the Case

Robert B. Allen, Hugh B. Street and Robert H. Stinson, Jr., Dallas, for appellant.

Jack C. Altaras, Dist. Atty., Cleburne, Wesley Dice, State's Atty., of Austin, for the State.

MORRISON, Judge.

The offense is possessing a bomb; the punishment, fifteen years.

The indictment, omitting the formal parts, charged as follows: "Glenn Roach did, then and there unlawfully possess and have in his control a bomb; against the peace and dignity of the State."

This is the first case to reach this Court involving a prosecution under Article 1723, Vernon's Ann.P.C.

Section 1 of said Act reads as follows:

"The term `bomb...

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