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SMITH v. STATE

No. 31459.

331 S.W.2d 321 (1960)

Joe Lee SMITH, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 10, 1960.

Attorney(s) appearing for the Case

Neal Dancer, Corpus Christi, for appellant.

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

DICE, Commissioner.

The conviction is for unlawfully resisting arrest in a misdemeanor case; the punishment, a fine of $500.

The prosecution is under Art. 339, Vernon's Ann.P.C. which provides in part: "If any person shall wilfully oppose or resist an officer in executing or attempting to execute any lawful warrant for the arrest of another person in a misdemeanor case, or in arresting or attempting to arrest any person without a warrant, where the law authorizes...

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