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WELLS v. STATE

No. 57566.

608 S.W.2d 200 (1980)

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

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

On Rehearing December 23, 1980.

Attorney(s) appearing for the Case

James S. Bates, Edinburg, for appellant.

Oscar B. McInnis, Dist. Atty. and Robert D. Ralston, Asst. Dist. Atty., Edinburg, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and ROBERTS and CLINTON, JJ.

OPINION

ROBERTS, Judge.

Hans Wells was convicted of three counts of theft, each a felony of the third degree. The court assessed punishment at 5 years' confinement (probated) and a fine of $500.

Each count of the indictment alleged that on a day in 1974 the appellant obtained and exercised control over money "from 3-W Appliance Sales & Service, Inc., without the effective consent of the owner, 3-W Appliance Sales & Service, Inc., and with...

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