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LONG v. STATE

No. 52615.

548 S.W.2d 897 (1977)

Charlie LONG, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 6, 1977.

Attorney(s) appearing for the Case

Douglas R. Bergen, Waco, for appellant.

Martin D. Eichelberger, Dist. Atty., Raymond C. Matkin, Lynn W. Malone, Asst. Dist. Attys., Waco, 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 $200.00 or over and less than $10,000.00. Punishment was assessed at eight years.

The indictment, in its pertinent part, alleged that appellant, on or about February 6, 1975, in McLennan County:

"... did then and there unlawfully obtain and exercise control over property, to-wit: one Michelin truck tire of the value of $200...

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