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ODOM v. STATE

No. 68279.

628 S.W.2d 804 (1982)

Charles ODOM, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

March 10, 1982.

Attorney(s) appearing for the Case

Joe Slator Petsch, Del Rio, for appellant.

Thomas F. Lee, Dist. Atty., Marsha Monroe, Asst. Dist. Atty., Del Rio, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S MOTION FOR REHEARING

ODOM, Judge.

The opinion on original submission is withdrawn. On original submission the Court sustained appellant's only ground of error and held the indictment was fundamentally defective.

The indictment alleged gambling promotion under V.T.C.A., Penal Code Sec. 47.03(a)(1), which provides:

"(a) A person commits an offense if he intentionally or knowingly does any of the following acts:

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