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SAMPLE v. STATE

No. 60567.

626 S.W.2d 515 (1981)

Rayford Odell SAMPLE, Appellant, v. The STATE of Texas, Appellee.

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

On Rehearing January 20, 1982.

Attorney(s) appearing for the Case

Howard C. Rubin, Dallas, for appellant.

Henry Wade, Dist. Atty., Maridell Templeton, Jim Everett and Greg Davis, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

R. K. Weaver, Asst. Dist. Atty., Dallas, for the State on rehearing.

Before ROBERTS, DALLY and CLINTON, JJ.

OPINION

ROBERTS, Judge.

The appellant was found guilty of the offense of resisting arrest; punishment was assessed at confinement for 120 days in the county jail.

The appellant contends that the jury charge contains fundamental error in that it authorized a conviction on theories not alleged in the information. The information alleged that the appellant did:

"intentionally prevent and obstruct I. D. Phillips, a person that the [appellant...

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