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TEAMER v. STATE

No. 55839.

557 S.W.2d 110 (1977)

John Davis TEAMER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 26, 1977.

Attorney(s) appearing for the Case

J. R. Musslewhite, Houston, on appeal only, for appellant.

Carol S. Vance, Dist. Atty., William W. Burge and R. P. Cornelius, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction in a bench trial for forgery by passing a check [V.T.C.A., Penal Code, § 32.21(d)] with punishment being assessed at twenty (20) years, it being enhanced by virtue of a prior felony theft from person conviction alleged and proved.1

Appellant initially contends the indictment is fundamentally void since it fails to allege in the primary count that...

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