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WILSON v. STATE

No. 60947.

625 S.W.2d 331 (1981)

Thomas Jefferson WILSON, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 23, 1981.

Attorney(s) appearing for the Case

William E. Satterwhite, Jr., Houston, for appellant.

Carol S. Vance, Dist. Atty. & Calvin A. Hartmann, & Andy Tobias, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the Court en banc.

OPINION ON APPELLANT'S MOTION FOR REHEARING

ONION, Presiding Judge.

On original submission, the panel opinion overlooked an error in the court's charge to the jury at the guilt-innocence stage, which error requires our review in the interest of justice.

The indictment in this cause, as here pertinent, alleged that in Harris County on or about April 30, 1977, appellant

"... did then and there unlawfully while in the course of committing theft...

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