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FISHER v. STATE

No. 36891.

379 S.W.2d 900 (1964)

Allen FISHER, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 17, 1964.

Attorney(s) appearing for the Case

Donald Lasof, Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally, James C. Brough and James I. Smith, Jr., Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

McDONALD, Judge.

The offense is felony theft with two prior felonies less than capital used for enhancement purposes; the punishment, life in the state penitentiary.

The facts, briefly stated due to our disposition of this cause, are as follows. Appellant was an employee of the Jackson Texaco Service Station at 7918 Eastex Freeway, Houston, Texas, operated by Aaron Jackson and his brother, Charles Jackson. Five automobile tires were found to be missing on...

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