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SANDERS v. STATE

No. 52642.

547 S.W.2d 597 (1977)

Robert Lewis SANDERS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 24, 1977.

Attorney(s) appearing for the Case

Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

GREEN, Commissioner.

In a trial before a jury, appellant was convicted of theft of property of the value of less than two hundred dollars, a third degree felony since appellant had been previously convicted two times of a grade of theft as charged in the indictment. See V.T.C.A. Penal Code, Section 31.03(d)(4)(C). Punishment was assessed at seven years.

Initially, we note that the indictment fails to allege an offense against the laws of...

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