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IVEY v. STATE

No. 41084.

425 S.W.2d 631 (1968)

Ernest Leroy IVEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 10, 1968.

Attorney(s) appearing for the Case

John W. O'Dowd, John Michael Ille, Houston, for appellant.

Carol S. Vance, Dist. Atty., Joseph W. Doucette and Frank Price, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The offense is misdemeanor shoplifting, a prior conviction for a like offense being alleged; the punishment, two years in jail and a fine of $2,000 (Art. 1436e, Sec. 4, Vernon's Ann.P.C.).

The information alleged that appellant was legally in a retail business establishment, to-wit, Rice Food Market, as an invitee and licensee and that he removed from its place in said establishment six cartons of cigarettes of the...

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