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SMITH v. STATE

No. B14-81-395 CR.

630 S.W.2d 289 (1981)

Searcy Ray SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Discretionary Review Granted March 24, 1982.

Attorney(s) appearing for the Case

Jimmy Phillips, Angleton, for appellant.

John B. Holmes, Jr., Dist. Atty., Houston, for appellee.

Before PAUL PRESSLER, MURPHY and SAM ROBERTSON, JJ.

PAUL PRESSLER, Justice.

We here consider an appeal from a conviction for burglary of a coin-operated machine. Tex.Penal Code Ann. § 30.03 (Vernon 1974).

This was appellant's second trial on the same charge. Both juries found him guilty and assessed punishment at 365 days in jail and a $2000 fine. After the first trial, appellant appealed, asserting ten grounds of error. Under the authority of article 40.09 § 9 to 40.09 § 12 Tex.Code Crim.Pro...

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