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BRUNER v. STATE

No. 48527.

509 S.W.2d 620 (1974)

Erma Lee BRUNER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 22, 1974.

Attorney(s) appearing for the Case

Malcolm Dade and John E. Rapier, Court Appointed On Appeal, Dallas, for appellant.

Henry Wade, Dist. Atty. and Maridell Templeton, Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

The conviction is for felony theft; the punishment, ten years imprisonment.

Appellant contends that the indictment is fatally defective in that it insufficiently describes the property taken as "two suits and being of the total value of over $50.00," and that the Court erred in overruling her motion to quash the indictment. Article 21.09, Vernon's Ann.C.C.P., reads in part as follows:

"When it becomes necessary...

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