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BUGBEE v. STATE

No. 59133.

593 S.W.2d 696 (1980)

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

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

January 30, 1980.

Attorney(s) appearing for the Case

Terrell William Proctor, Houston, for appellant.

Carol S. Vance, Dist. Atty., Michael C. Kuhn and Lupe Salinas, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before ROBERTS, PHILLIPS and DALLY, JJ.

OPINION

PHILLIPS, Judge.

This is an appeal from a conviction for possession of a short-barrel firearm, pursuant to V.T.C.A. Penal Code, Section 46.06(a)(3). Trial was to the court; punishment was assessed at imprisonment for five years, probated.

Appellant urges among other things that the evidence is insufficient to sustain the conviction. We agree.

The indictment in this case alleged that appellant

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