MILLER v. STATE

No. 40061.

412 S.W.2d 650 (1967)

Larry MILLER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 5, 1967.


Attorney(s) appearing for the Case

Al Clyde, Ft. Worth, for appellant.

Alton R. Griffin, Dist. Atty., Roy L. Merrill, Asst. Dist. Atty., Lubbock, Leon B. Douglas, State's Atty., Austin, for the State.


OPINION

DICE, Judge.

The conviction is for embezzlement; the punishment, six years.

Trial was before a jury, upon appellant's plea of guilty.

Notice of appeal was given on April 27, 1966.

At the trial, the state first introduced evidence to show appellant's guilt of the offense charged. At the conclusion of the testimony the jury was instructed by the court to retire and return a verdict finding appellant guilty but not to assess...

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