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SMITH v. STATE

No. 35147.

363 S.W.2d 277 (1963)

Algle SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 2, 1963.

Attorney(s) appearing for the Case

C. C. Divine, Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally and Carol S. Vance, Asst. Dist. Atty., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

DICE, Commissioner.

The offense is conspiracy to commit a felony (Article 1622, V.A.P.C.); the punishment, two and a half years in the penitentiary.

The indictment alleged in the first count that on or about the 24th day of August, 1960, the appellant and Frank Brown, Charles King, Robert Swain, Alfred Swain, and Odell Pyles did unlawfully

"conspire, combine, confederate and agree and did enter into a positive agreement together and between themselves...

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