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SMOTHERMAN v. STATE

No. 40328.

415 S.W.2d 430 (1967)

Leo SMOTHERMAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 14, 1967.

Attorney(s) appearing for the Case

Jack J. Rawitscher, Dixie & Schulman, Houston, for appellant.

Carol S. Vance, Dist. Atty., Richard M. DeGuerin and Frank Price, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., of Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

Tried before the court on his plea of not guilty, appellant was found guilty and assessed a fine of $50 for the violation of Art. 1350 Vernon's Ann.P.C. which defines the offense of injury to property belonging to another.

The complaint and information alleged that on or about March 21, 1966, appellant and another wilfully injured an automobile belong to Clinton Fontenot without his consent by bending the door of...

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