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POINTER v. STATE

No. 56624.

577 S.W.2d 736 (1979)

Elbert Eugene POINTER, Appellant, v. The STATE of Texas, Appellee.

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

March 7, 1979.

Attorney(s) appearing for the Case

John Cutler, Houston, for appellant.

Carol S. Vance, Dist. Atty., Pat McKenna and Larry Knapp, Asst. Dist. Attys., Houston, for the State.

Before ONION, PHILLIPS and TOM G. DAVIS, JJ., and KEITH, C.

OPINION

QUENTIN KEITH, Commissioner.

Appellant was charged by complaint and information with the offense of attempted theft of property of the value of over twenty dollars and under two hundred dollars. The jury assessed his punishment at confinement in jail for thirty days which was probated for six months and a fine of two hundred dollars which was not probated.

The property was alleged to consist of two roosters belonging to Asper Joe Caruso,...

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