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JOHNSON v. STATE

No. 54642.

571 S.W.2d 4 (1978)

Michael JOHNSON, Appellant, v. The STATE of Texas, Appellee.

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

September 20, 1978.

Attorney(s) appearing for the Case

Joseph (Sib) Abraham, Jr., and Charles Louis Roberts, El Paso, for appellant.

Steve W. Simmons, Dist. Atty., and Thomas C. Roepke, Asst. Dist. Atty., El Paso, for the State.

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

OPINION

ODOM, Judge.

This is an appeal from a conviction for credit card abuse; punishment was assessed at five years. V.T.C.A., Penal Code Sec. 32.31(b)(1)(A).

Appellant challenges the sufficiency of the evidence to show he was the person who presented the stolen credit card. We sustain the contention and reverse the conviction.

The State called four witnesses: Ruby Thomas, a waitress at the Montana Mining Company in El Paso; Robert Waldman...

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