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GIBSON v. STATE

No. 60129.

623 S.W.2d 324 (1980)

Ernest Lee GIBSON, Appellant, v. The STATE of Texas, Appellee.

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

On Rehearing November 10, 1981.

Attorney(s) appearing for the Case

Douglas H. Parks, Dallas, for appellant.

Henry Wade, Dist. Atty., and Steve Wilensky, Bob Smith, and Brady Sparks, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before PHILLIPS, TOM G. DAVIS and DALLY, JJ.

On Rehearing En Banc November 10, 1981.

OPINION

PHILLIPS, Judge.

This is an appeal from a conviction for theft by check of services of a value of over $200 (V.T.C.A. Penal Code §§ 31.04 and 31.06). Appellant was indicted under the habitual offender statute. Punishment was assessed at life imprisonment.

The conviction in this case must be set aside because the evidence is insufficient to support the allegations in the indictment...

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