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BALDWIN v. STATE

No. 51266.

538 S.W.2d 109 (1976)

Elgin BALDWIN, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 23, 1976.

Attorney(s) appearing for the Case

Stan Brown, Abilene, for appellant.

Ed Paynter, Dist. Atty., and John W. Weeks, Asst. Dist. Atty., Abilene, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION ON STATE'S MOTION FOR REHEARING

DOUGLAS, Judge.

Appellant was convicted for the felony offense of credit card abuse under V.T.C.A., Penal Code, Sec. 32.31(b)(4). Punishment was assessed by the jury at two years.

On original submission, the judgment was reversed because the indictment did not allege an element of the theft statute. The prior opinion is withdrawn.

Appellant contends that (1) the evidence is insufficient to support the...

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