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BARBEE v. STATE

No. 41225.

432 S.W.2d 78 (1968)

Robert L. BARBEE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 10, 1968.

Second Rehearing Denied October 16, 1968.

Attorney(s) appearing for the Case

Phelps, Kilgarlin & Snell, by W. W. Kilgarlin, Houston, for appellant.

Ogden Bass, Dist. Atty., Wallace N. Shaw, Asst. Dist. Atty., Angleton, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

DICE, Judge.

The conviction is under Art. 430, Vernon's Ann.P.C., for the offense of barratry; the punishment, fifteen days in jail and a fine of $300.

The state moves to dismiss the appeal on the ground that notice of appeal was not given after pronouncement of sentence, as required by Art. 44.08(c) of the Code of Criminal Procedure.

The record reflects that notice of appeal was given on the same day that sentence was pronounced...

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