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JOHNSON v. STATE

Nos. 43415 and 43416.

467 S.W.2d 247 (1971)

Matthew Donald JOHNSON and Marion Ernest McMillan, Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 9, 1971.

Attorney(s) appearing for the Case

Frank P. Hernandez, Vincent W. Perini, Dallas, for appellants.

Henry Wade, Dist. Atty., John B. Tolle, Harry J. Schulz, Jr., W. T. Westmoreland, Jr. and Edgar A. Mason, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is injuring property belonging to another, the extent of the injury being over fifty dollars; the punishment as to each appellant, ten (10) years.

The sufficiency of the evidence is challenged.

On July 1, 1968, at about 10:30 p. m., a group of 30 to 50 Negro people, many of them dressed in a manner somewhat different from the dress of the ordinary customer,...

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