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JOHNSON v. STATE

No. 05-84-00807-CR.

695 S.W.2d 686 (1985)

Willard Bryant JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied July 30, 1985.

Discretionary Review Granted October 23, 1985.

Attorney(s) appearing for the Case

Edgar A. Mason, Dallas, for appellant.

Leslie McFarlane, Asst. Dist. Atty., Dallas, for appellee.

Before the Court En Banc.

ALLEN, Justice.

Appellant, Willard Bryant Johnson, appeals his conviction for gambling promotion. We conclude that the indictment in this case fails to give appellant adequate notice of whether he was charged with receiving a bet, in violation of TEX.PENAL CODE ANN. § 47.03(a)(2) (Vernon 1974), or with making a bet, in violation of TEX.PENAL CODE ANN. § 47.02(a)(1) (Vernon Supp.1985). Thus, the indictment in this case suffers from a defect...

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