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RALEY v. STATE

No. 46123.

548 S.W.2d 33 (1977)

Morris W. RALEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 16, 1977.

Attorney(s) appearing for the Case

John T. Montford, on appeal only, Lubbock, for appellant.

Steve W. Simmons, Dist. Atty., and David R. Rosado, Asst. Dist. Atty., El Paso, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

BROWN, Commissioner.

This is an appeal from a conviction for embezzlement under Article 1534, Vernon's Ann.P.C. Appellant was tried before a jury and assessed punishment of two years in the Texas Department of Corrections. Imposition of sentence was suspended and appellant was placed on probation.

Appellant was indicted in 1971 for this offense and was initially tried in 1971, such trial ending in a mistrial. On retrial in 1972, appellant...

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