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ELLIS v. STATE

No. 30019.

318 S.W.2d 655 (1958)

J. Fred ELLIS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 10, 1958.

Attorney(s) appearing for the Case

Fryer, Milstead & Luscombe, El Paso, for appellant.

William E. Clayton, Dist. Atty., Edwin F. Berliner, Asst. Dist. Atty., El Paso, and Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The conviction is under Art. 95, Vernon's Ann.P.C., for the misapplication of city funds; the punishment, three years.

The Grand Jury of El Paso County on June 23, 1955, duly presented two indictments, each having only one count, into the 34th District Court, charging J. Fred Ellis with the misapplication of city funds. These indictments were and remained identical until the clerk of said court gave one of them a file No. 16,932 on the...

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