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ARVAY v. STATE

No. 05-81-00787-CR.

646 S.W.2d 320 (1983)

Fred ARVAY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

Discretionary Review Refused May 4, 1983.

Attorney(s) appearing for the Case

Kerry P. Fitzgerald, Dallas, for appellant.

Henry Wade, Dist. Atty., Tom Streeter, Asst. Dist. Atty., for appellee.

Before GUITTARD, C.J., and CARVER and FISH, JJ.

CARVER, Justice.

Fred Arvay appeals his conviction of indecency with a child, a violation of Section 21.11(a)(1) of the Texas Penal Code, for which he received a 5 year probated sentence. We affirm.

Arvay's first ground of error is that the trial judge committed reversible error in eliciting from Thomas J. Holbein, Sr., the complainant's father, hearsay testimony made by the complainant, Thomas J. Holbein, Jr. It is argued that the out of court statement made...

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