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MOORE v. STATE

No. 53059.

545 S.W.2d 140 (1976)

Michael Wayne MOORE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Dissenting Opinion On Motion for Rehearing January 26, 1977.

Attorney(s) appearing for the Case

Otis T. Clark, Fort Worth, for appellant.

Tim C. Curry, Dist. Atty., Paul E. Gartner, Jr. and Marvin Collins, Asst. Dist. Attys., Fort Worth, Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the State.

Dissenting Opinion On State's Motion for Rehearing January 26, 1977.

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for attempting to obtain a controlled substance by fraud. Trial was before the court upon a plea of guilty, and punishment was assessed at two years.

The indictment alleged the offense occurred on or about July 25, 1975, and the record reflects that trial was on January 14, 1976.

Appellant contends in...

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