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FLEMING v. STATE

No. 40562.

423 S.W.2d 309 (1968)

O. D. FLEMING, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 24, 1968.

Attorney(s) appearing for the Case

C. Benton Musslewhite, Lufkin, for appellant.

James I. Perkins, County Atty., Rusk, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is sale of whiskey in a dry area; the punishment, three months in jail and a fine of $200.00.

The record has been approved, and the case will now be considered on the merits.

Appellant's first ground of error is the trial court's failure to permit him to procure the deposition of Constable McLain who was unable to personally appear and testify because of ill health. Appellant failed to comply with the...

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