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POWELL v. STATE

No. 52846.

549 S.W.2d 398 (1977)

Eunice E. POWELL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 3, 1977.

Attorney(s) appearing for the Case

Burnett & Burnett, John H. Miller, Jr., Sinton, for appellant.

Arnulfo Guerra, Dist. Atty., Rio Grande City, Oscar R. McInnis, Dist. Atty., Edinburg, C. H. Duval, Asst. Atty. Gen., McAllen, Jim D. Vollers, State's Atty. and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

Appellant was convicted for official misconduct under V.T.C.A., Penal Code Sec. 39.01(a)(5). Punishment was assessed at six years' imprisonment and a five thousand dollar fine. Trial was in Hidalgo County after a change of venue from Duval County.

The evidence establishes that the appellant, in 1974, occupied the position of assistant superintendent of the Benavides Independent School District. His major responsibility was the...

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