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WILSON v. STATE

No. 30784.

328 S.W.2d 311 (1959)

Horace E. WILSON, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 28, 1959.

Attorney(s) appearing for the Case

Trueheart, McMillan, Russell & Westbrook, Joel W. Westbrook, of counsel, San Antonio, Elbert Jandt, Seguin, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Presiding Judge.

The offense is speeding; the punishment, a fine of $101.

Our able State's Attorney confesses error, and we agree. The applicable portions of his brief which we adopt as the opinion of this Court are as follows:

"The State's testimony reflects that John E. Breslin, Homer Spellman, and A. R. James, Highway Patrolmen of the Texas Department of Public Safety, were working as a team in the operation of a radar unit on U. S. Highway...

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