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SMITH v. STATE

No. 46962.

502 S.W.2d 133 (1973)

Johnny Leon SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 12, 1973.

Attorney(s) appearing for the Case

Michael L. Morrow, Dallas, for appellant.

Henry Wade, Dist. Atty., and William J. Teitelbaum, Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of theft of corporeal personal property of the value of fifty dollars or over by false pretext; the punishment, enhanced under Article 63, Vernon's Ann.P. C., life.

Appellant contends by his first ground of error that the indictment in this cause is fatally defective because there is no allegation that the truck in question was actually...

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