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McINTIRE v. STATE

No. 41318.

431 S.W.2d 5 (1968)

Billy Fred McINTIRE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 26, 1968.

Attorney(s) appearing for the Case

Jack Hazlewood, Amarillo, for appellant.

Gene Compton, Dist. Atty., Bob D. Slough, Asst. Dist. Atty., Amarillo, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is felony theft with two prior felony convictions alleged for enhancement; the punishment, life.

We find it unnecessary to discuss appellant's first four grounds of error because we have concluded that his fifth ground calls for a reversal of this conviction.

At the trial appellant did not testify and the State relied upon the testimony of the accomplice, Jerry...

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