McCLELLAND v. STATE

No. 37380.

389 S.W.2d 678 (1965)

Clem McCLELLAND, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 10, 1965.

Second Motion for Rehearing Denied April 21, 1965.


Attorney(s) appearing for the Case

J. Edwin Smith and Jack J. Rawitscher, Houston, Perry L. Jones, Austin, for appellant.

Frank Briscoe, Dist. Atty., Samuel H. Robertson, Jr., Carl E. F. Dally and Gus J. Zgourides, Asst. Dist. Attys., Houston, Tom Blackwell, Dist. Atty., Austin, and Leon B. Douglas, State's Atty., Austin, for the State.


McDONALD, Presiding Judge.

The appellant was convicted of the offense of Conversion from an Estate, and his penalty was assessed at 10 years confinement in the State Penitentiary.

The appellant, the former Probate Judge of Harris County, Texas, was jointly indicted with Jerry S. O'Brien. A severance having been granted, O'Brien's case was tried in Harris County where he was convicted and the conviction was upheld by this Court on appeal, 376...

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