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TYLER v. STATE

No. 44759.

478 S.W.2d 542 (1972)

Clarence TYLER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 29, 1972.

Attorney(s) appearing for the Case

Lawrence R. Scroggins, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Victor Driscoll, Houston, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

The conviction is for theft of personal property over the value of $50.00; the punishment, four years imprisonment.

The appellant, with the consent and approval of the court and the State, waived his right to a jury trial and entered a plea of not guilty before the court. The property alleged to have been the subject of theft was a motor vehicle, a liquor distributor's delivery truck.

The appellant first challenges...

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