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HARVEY v. STATE

No. 48833.

515 S.W.2d 108 (1974)

Frank Henry HARVEY, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

September 18, 1974.

Attorney(s) appearing for the Case

Ray Stevens, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Michael J. Brown, Asst. Dist. Atty., Houston, Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

GREEN, Commissioner.

Appellant was convicted in a trial before the court of willfully fleeing from a police officer in violation of Vernon's Tex.Civ. Stat.Ann. art. 6701d, § 186(a). Punishment was assessed at a fine of $100.

The record reflects that on the night of April 8, 1972, Houston police officers observed appellant's car speeding and weaving in and out of traffic on Lockwood Street in Houston. The officers turned

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