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GORMAN v. STATE

No. 30051.

317 S.W.2d 744 (1958)

Elizabeth GORMAN, alias Bettie Gorman, alias Mrs. A. J. Gorman, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 12, 1958.

Attorney(s) appearing for the Case

Carter, Stiernberg, Skaggs & Koppel, Harlingen, for appellant.

James S. Bates, Dist. Atty., Oscar B. McInnis, Asst. Dist. Atty., Edinburg, and Leon B. Douglas, State's Atty., Austin, for the State.

DAVIDSON, Judge.

Sec. 4 of art. 567b, Vernon's Ann.P.C., which is commonly called the hot check law, provides—among other things—the following:

"If it be shown upon a trial of a case involving a violation of this Act where the amount of the check, draft, or order is less than Fifty Dollars ($50), that the defendant has two (2) or more times before been convicted of the same offense, regardless of the amount of the check, draft or order involved...

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