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BAKER v. STATE

No. 41235.

428 S.W.2d 349 (1968)

Jesse B. BAKER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 8, 1968.

Attorney(s) appearing for the Case

William A. Peterson, Jr., Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Vic Pecorino, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The offense is theft of a pistol of the value of over $5.00 and under $50.00; the punishment, 90 days in jail.

Trial on July 20, 1967, was before a jury on a plea of not guilty.

The sole ground of error is that the court erred in denying appellant a separate hearing on punishment as provided in Art. 37.07 of the Vernon's Ann.1965 Code of Criminal Procedure (since amended).

The objection to the court...

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