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MILLS v. STATE

No. 42883.

455 S.W.2d 296 (1970)

Beatrice MILLS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 20, 1970.

Attorney(s) appearing for the Case

E. Neil Lane, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and James A. Mosley, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The appeal is from a conviction for the felony offense of shoplifting, a jury having found appellant guilty and assessed her punishment at 5 years in the penitentiary, and denied her application for probation.

The indictment was drawn under that portion of Art. 1436e, Vernon's Ann.P.C., Section 1, which defines the offense of shoplifting, and Section 4(c) which provides:

"If it be shown upon the trial of...

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