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HERRIN v. STATE

No. 52769.

547 S.W.2d 598 (1977)

Richard Rudolph HERRIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 24, 1977.

Attorney(s) appearing for the Case

Paul R. Lawrence, Houston, for appellant.

Carol S. Vance, Dist. Atty. and Clyde F. DeWitt, III, Asst. Dist. Atty., Houston, Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for felony theft. V.T.C.A. Penal Code, Sec. 31.03. The court assessed punishment at seven years.

An examination of the record reveals that the indictment is fatally defective. The indictment alleges that the defendant:

"did then and there unlawfully exercise control of property, namely, money and one truck, of the value of over ten thousand dollars, with the intent to deprive the...

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