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TRUSSELL v. STATE

No. 40641.

426 S.W.2d 233 (1968)

Jerry Wayne TRUSSELL alias Sammy Long, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 27, 1968.

Attorney(s) appearing for the Case

Joe K. McGill, Seminole, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

OPINION ON MOTION TO REINSTATE APPEAL

ONION, Judge.

The record has been approved as required by Article 40.09(9), Vernon's Ann. C.C.P., and we will now consider the appeal on its merits.

This cause must be reversed for we deem the evidence insufficient to support the jury's verdict. Appellant's ground of error #3 is well taken.

One of the essential elements of the offense charged1 was that the appellant removed...

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