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ST. JOHN v. STATE

No. 40846.

427 S.W.2d 862 (1968)

Jerry Wayne ST. JOHN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 29, 1968.

Attorney(s) appearing for the Case

Fred Moore, Dallas, Vincent W. Perini, Dallas, on appeal, for appellant.

Henry Wade, Dist. Atty., John Emmett, Joe K. Hendley and Kerry P. FitzGerald, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

This appeal was abated on December 6, 1967, because the record on appeal had not been approved. St. John v. State, Tex.Cr. App., 421 S.W.2d 661.

The record has since been approved; briefs filed and order entered refusing to grant a new trial, and the appeal will be considered.

In his brief and in oral argument, appellant's able counsel on appeal urges as ground of error...

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