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HARRELL v. STATE

No. 37478.

386 S.W.2d 142 (1965)

Michael Ray HARRELL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 10, 1965.

Attorney(s) appearing for the Case

Charles W. Tessmer, Dallas (On Appeal Only), Emmett Colvin, Jr., Dallas (On Appeal Only), for appellant.

Henry Wade, Dist. Atty., A. D. Jim Bowie, Don Wills, George Milner and C. M. Turlington, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Judge.

The offense is felony theft of an automobile; the punishment, 3½ years.

Trial was before a jury on a plea of guilty. Appellant's plea for suspension of sentence was rejected by the jury.

The indictment alleged the theft of an automobile of the value of over $50 from Melba Paul on or about October 5, 1963.

Miss Paul testified that on said date she owned a 1960 Chevrolet Impala white sports coupe automobile which she had...

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