LEE v. STATE

No. 41149.

428 S.W.2d 328 (1968)

Charles William LEE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Rehearing May 29, 1968.


Attorney(s) appearing for the Case

Thomas D. White, Houston, for appellant.

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


OPINION

BELCHER, Judge.

The conviction is for felony theft of an automobile; the punishment, two and one-half years.

The first and second grounds urged for reversal are that, "The Trial Court erred in failing and refusing to instruct the jury that they could not convict Appellant Lee upon the statements and oral declarations which Deputy Sheriff Horton and Chief of Police Cook testified that Don Hogue and Ronnie Lynn Fountain made to them or to either...

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