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McGINNIS v. STATE

No. 51548.

541 S.W.2d 431 (1976)

James M. McGINNIS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 6, 1976.

Attorney(s) appearing for the Case

Wayland A. Simmons, San Antonio, for appellant.

Ted Butler, Dist. Atty., Teofilo Chapa, Edward Prado and Douglas C. Young, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for the offense of cruelty to an animal. The court assessed punishment of confinement in jail for 6 months and a fine of $100. The imposition of sentence was suspended and the appellant was granted probation.

The appellant asserts the court's charge to the jury was a comment on the weight of the evidence. He also challenges the sufficiency of the evidence.

The prosecution is...

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