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SHAFFER v. STATE

No. 53945.

562 S.W.2d 853 (1978)

Charles William SHAFFER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

Rehearing Denied March 29, 1978.

Attorney(s) appearing for the Case

Leonard C. Kahn and Donald F. Maierson, Houston, for appellant.

Carol S. Vance, Dist. Atty., Clyde F. DeWitt, III and Michol O'Connor, Asst. Dist. Attys., Houston, for the State.

Before TOM G. DAVIS, DALLY and W. C. DAVIS, JJ.

Rehearing En Banc Denied March 29, 1978.

OPINION

W. C. DAVIS, Judge.

This is an appeal from a conviction of carrying a handgun, V.T.C.A., Penal Code, Sec. 46.02(a). Trial was to the court and punishment was assessed at a fine of $125.00 and thirty days in jail, which was probated.

On September 24, 1975, at approximately 3:00 a. m., Officer Sanduske of the Southside Police observed the appellant driving his taxicab about 5-10 miles per hour...

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