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MUTSCHER v. STATE

Nos. 48160-48162.

514 S.W.2d 905 (1974)

Gus F. MUTSCHER, Jr., Appellant, v. The STATE of Texas, Appellee. S. Rush McGINTY, Appellant, v. The STATE of Texas, Appellee. Thomas C. SHANNON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied November 6, 1974.

Attorney(s) appearing for the Case

Frank Maloney, Austin, Richard Haynes, Houston, Davis Scarborough, Abilene, for Mutscher.

A. L. Rhodes, Abilene, and W. James Kronzer, Houston, for McGinty.

Joe Shannon, Jr., Fort Worth, and Bob R. Hanna, Abilene, for Shannon.

Robert O. Smith, Dist. Atty. and Stephen H. Capelle, Asst. Dist. Atty., Austin, Ed Paynter, Dist. Atty., Patricia A. Elliott and Billy John Edwards, Asst. Dist. Attys., Abilene, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is conspiracy among two Members of the House of Representatives and a state employee to accept a bribe with the understanding that the two Members would use their vote, influence and powers of their office to procure and assist in the passage of certain legislation which thereafter would be brought before them in their official capacities, in violation of Article 159, Vernon's Ann.P.C.1; the...

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