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SMITH v. STATE

No. 47160.

501 S.W.2d 657 (1973)

Elbert SMITH, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 12, 1973.

Attorney(s) appearing for the Case

Kenneth L. Sanders, Houston, for appellant.

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

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for felony theft by bailee where in the punishment, enhanced under Article 63, Vernon's Ann.P.C., was assessed at life.

Appellant's sole ground of error is that the evidence is insufficient to support the judgment, it being his contention that evidence of "retaining rented property past the time due for return, without more, is not sufficient...

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