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TURNER v. STATE

No. 46457.

497 S.W.2d 593 (1973)

James Staley TURNER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

July 17, 1973.

Attorney(s) appearing for the Case

Alfred Thomas, Houston, for appellant.

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

OPINION

JACKSON, Commissioner.

The conviction was for sodomy; the punishment, ten (10) years.

Since the sufficiency of the evidence is not challenged, we will not detail the evidence. Ample proof was made that appellant committed oral sodomy on the person of a ten year old boy.

Ground of error No. 1 urged by appellant is that the court erred in permitting the State to use a 1958 felony conviction for theft for the purpose of affecting the...

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