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JONES v. STATE

No. 118-83.

658 S.W.2d 594 (1983)

Seward Lee JONES & Theresa Jones, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

July 20, 1983.

Attorney(s) appearing for the Case

Thomas S. Berg (on appeal only), Houston, for appellant.

Jim Mapel, Dist. Atty. and A.B. Crowther, Jr., Asst. Dist. Atty., Angleton, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the Court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

ODOM, Judge.

Appellants were convicted of theft by receiving property stolen by another, V.T. C.A., Penal Code Sec. 31.03(b)(2). The Court of Appeals, in an unpublished opinion, reversed the conviction on a finding of fundamental error in the jury charge. We granted the State's petition for discretionary review to consider that issue.

The State's case at trial was based on the presumption provided...

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