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POWELL v. STATE

No. 09 81 003 CR.

624 S.W.2d 818 (1981)

Larry Paris POWELL, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

November 25, 1981.

Attorney(s) appearing for the Case

George Michael Jamail, Beaumont, for appellant.

John R. DeWitt, Asst. Criminal Dist. Atty., Beaumont, for appellee.

OPINION

DIES, Chief Justice.

Appellant was convicted in a jury trial of Gambling Promotion, under V.T.C.A., Penal Code, Sec. 47.03(a)(1). [All statutory references herein are to V.T.C.A., Penal Code.] Punishment was assessed by the jury at two years in the Texas Department of Corrections, probated, and a fine of $5,000.

Grounds of Error Nos. 1 and 2 urge that Subsection 47.03(a)(2)* of the Penal Code...

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