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PAYNE v. STATE

No. 46920.

502 S.W.2d 812 (1973)

Ann Murray PAYNE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 9, 1974.

Attorney(s) appearing for the Case

Bill Pemberton and Larry W. Green, Greenville, for appellant.

Jack G. Neal, Sulphur Springs, Atty. Pro Tem for the Dist. Atty., Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is murder; the punishment, ten (10) years.

The sole ground of error is that the trial court erred in overruling appellant's motion to quash the indictment because of an alleged violation of Art. 2.08, Vernon's Ann.C.C.P., which states:

"District and county attorneys shall not be of counsel adversely to the State in any case, in any court, nor shall they, after they cease to be such officers, be of counsel...

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