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GONZALES v. STATE

No. 42580.

456 S.W.2d 137 (1970)

Sammy GONZALES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 13, 1970.

Attorney(s) appearing for the Case

Gillespie & McClendon, by Jack McClendon, Lubbock, for appellant.

Roger Gorrell, County Atty., Muleshoe, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION ON APPELLANT'S SECOND MOTION FOR REHEARING

ONION, Judge.

Our opinion on original submission is withdrawn. We adopt and reaffirm, however, the disposition in the original opinion of the first two grounds of error.

The adopted part of the original opinion by Presiding Judge Woodley reads as follows:

"The appeal is from a conviction on a plea of guilty before the court of the offense of using profane language over the telephone, (Art...

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