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SMITH v. STATE

No. 54786.

574 S.W.2d 551 (1978)

James Earl SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

December 20, 1978.

Attorney(s) appearing for the Case

Izak D. Gregory and Edgar A. Mason, Dallas, for appellant.

Henry M. Wade, Dist. Atty., Steve Wilensky and Paul Macaluso, Asst. Dist. Attys., Dallas, for the State.

Before ROBERTS, ODOM and TOM G. DAVIS, JJ.

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for unlawful possession of a firearm by a felon.1 Upon a plea of not guilty, appellant was convicted by a jury which assessed punishment at eight years' imprisonment.

We are confronted at the outset with fundamental error in the jury charge that requires reversal in the interest of justice. Article 40.09(13), Vernon's Ann. C.C.P.; Article 36.19, Vernon's Ann...

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