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GRANT v. STATE

No. 42103.

456 S.W.2d 122 (1969)

Herman GRANT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 25, 1969.

Attorney(s) appearing for the Case

Chappell & McFall, by Byron Chappell, Lubbock, for appellant.

Jim. D. Vollers, State's Atty., Austin, for the State.

OPINION ON APPELLANT'S MOTION FOR REHEARING

MORRISON, Judge.

Our prior opinion is withdrawn.

The offense is felony theft; the punishment, three months in the county jail and a fine of $300.00.

The punishment provided for felony theft by Article 1421, Vernon's Ann.P.C., is "confinement in the penitentiary (for) not less than two nor more than ten years." Since the punishment assessed is less than...

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