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JOHNSON v. STATE

No. 40110.

411 S.W.2d 363 (1967)

Franklin JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 8, 1967.

Attorney(s) appearing for the Case

Thomas H. Dent, Galveston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Robert Floyd, Asst. Dist. Attys., Houston, Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is felony theft; the punishment, five years.

Under an indictment alleging the primary offense of felony theft and two prior non-capital convictions alleged for enhancement, appellant was found guilty under a charge submitting the primary offense only. His first ground of error is that the court erred in overruling his motion to quash the enhancement counts of the indictment...

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