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COLE v. STATE

No. 44373.

475 S.W.2d 263 (1971)

Johnny Ray COLE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 9, 1972.

Attorney(s) appearing for the Case

Melvyn Carson Bruder, Dallas (Court Appointed on Appeal), for appellant.

Henry Wade, Dist. Atty., and Robert L. Baskett, Asst. Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for theft of property over the value of $50.00. Two prior convictions were alleged for enhancement under Article 63, Vernon's Ann.P.C. The punishment was assessed at life.

Charles Wayne Smith testified that he was a supervisor and salesman for a motor company in Dallas. An automobile assigned to him by the company was taken from where it was parked near his apartment without his consent...

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