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TERRY v. STATE

No. 43662.

471 S.W.2d 848 (1971)

Oranza TERRY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied November 9, 1971.

Attorney(s) appearing for the Case

Percy Foreman, Houston, Jim D. Bowmer, Bob Burleson, Temple, for appellant.

Robert O. Smith, Dist. Atty., and Philip A. Nelson, Jr., Asst. Dist. Atty., Austin, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ROBERTS, Judge.

The offense is placing and causing to be placed on individual packages of cigarettes a counterfeit cigarette tax stamp; trial was before a jury and the court assessed the punishment at five years.

The appellant's first ground of error challenges the validity of the indictment because the indictment does not contain a copy of the counterfeit cigarette tax stamps in haec verba.

The second ground of error challenges the...

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