PERRY v. STATE

No. 42138.

442 S.W.2d 741 (1969)

Francis Marie PERRY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 16, 1969.


Attorney(s) appearing for the Case

John W. O'Dowd, Walter E. Boyd, Jr., Houston, for appellant.

Carol S. Vance, Dist. Atty., William W. Burge and Al Thomas, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ONION, Judge.

The offense is misdemeanor shoplifting (Article 1436-e, Vernon's Ann.P.C.); the punishment, 5 days' confinement in the county jail and a fine of $75.00.

The information charged the appellant with unlawfully removing merchandise from the complainant's store, to wit: "One bottle of depilatory cream and one pair of nail clippers, one brush, one bottle of aspirin, four batteries of the value of less than fifty dollars ($50.00)....

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