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WELLS v. STATE

No. 56210.

576 S.W.2d 857 (1979)

Warren WELLS, Appellant, v. The STATE of Texas, Appellee.

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

February 14, 1979.

Attorney(s) appearing for the Case

Elmo R. Willard, III, Beaumont, for appellant.

Tom Hanna, Dist. Atty. and John R. DeWitt, Asst. Dist. Atty., Beaumont, for the State.

Before ONION, P. J., and PHILLIPS and TOM G. DAVIS, JJ.

OPINION

PHILLIPS, Judge.

This is an appeal from a conviction for robbery. Punishment was assessed at eight years' imprisonment. See V.T.C.A., Penal Code, Sections 29.02(a)(2), (b) and 12.42(b).

Appellant's first ground of error complains of the trial court's failure to grant his motion to quash this indictment based on his contention that because Section 29.02(a) refers to Chapter 31 of the Penal Code in defining theft, the statute is vague, indefinite...

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