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COMMONS v. STATE

No. 54485.

575 S.W.2d 518 (1978)

Marylin Church COMMONS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

Opinion on Motion for Rehearing January 17, 1979.

Attorney(s) appearing for the Case

Kerry P. Fitzgerald, John Cravens, Dallas, for appellant.

Henry Wade, Dist. Atty., William M. Lamb, Dan Guthrie and Coleman Sylvan, Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty., Austin, for the State.

Before ONION, P. J., and DALLY and VOLLERS, JJ.

Opinion on State's Motion for Rehearing January 17, 1979.

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction of the misdemeanor offense of fraudulently substituting price tags in violation of V.T.C.A., Penal Code, § 32.47. The jury assessed punishment at a probated fine of $50.00.

The record reflects that appellant, while shopping in a Skaggs-Albertson store in Dallas County, removed a $1.79 price tag from a box containing...

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