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FREEMAN v. STATE

No. 63863.

654 S.W.2d 450 (1983)

Elmer Lavaughn FREEMAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, en banc.

Rehearings Denied April 6 and July 20, 1983.

Attorney(s) appearing for the Case

Ken McLean, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Alvin M. Titus and Rick Trevathan, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION

ONION, Presiding Judge.

Appeal is taken from a conviction for theft of property of the value of more than two hundred dollars ($200.00) but less than ten thousand dollars ($10,000.00). Punishment was assessed by the jury at ten (10) years' imprisonment and a fine of five thousand dollars ($5,000.00), probated.

In the two count indictment the appellant was charged with the theft of liquid fertilizer on or about August 17, 1978 and on or about...

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