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McCLAIN v. STATE

No. 47527.

505 S.W.2d 825 (1974)

James Melvin McCLAIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 13, 1974.

Attorney(s) appearing for the Case

Curtis Marvin Loveless, George Hopkins (on appeal only), Denton, for appellant.

John Lawhon, Dist. Atty. and Michael W. George, Asst. Dist. Atty., Denton, Jim D. Vollers, State's Atty., Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

The conviction is for the felony offense of shoplifting; the punishment, enhanced under the provisions of Article 63, Vernon's Ann.P.C., life imprisonment.

The appellant presents three grounds of error. The first two are related and challenge the sufficiency of the enhancement allegations of the indictment.

The primary offense of shoplifting alleged in the first paragraph of the indictment is alleged to have been...

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