SMITH v. MILLSAP

No. 04-84-00434-CV.

702 S.W.2d 741 (1985)

Charles R. SMITH, Appellant, v. Sam D. MILLSAP, Jr., et al., Appellees.

Court of Appeals of Texas, San Antonio.

December 31, 1985.


Attorney(s) appearing for the Case

John M. Killian, Martha A. Castrejana, San Antonio, for appellant.

Sam A. Millsap, Jr., Alejandra Villarreal, Barry P. Hitchings, Dist. Attys., San Antonio, for appellees.

Before BUTTS, TIJERINA and DIAL, JJ.


OPINION

BUTTS, Justice.

This is an appeal from an order denying the expunction of appellant's criminal record. TEX.CODE CRIM.PROC.ANN. art. 55.01 (Vernon Supp.1986).

On May 19, 1982, appellant was charged with and indicted for third degree felony theft. TEX.PENAL CODE ANN. § 31.03(d)(4) (Vernon 1974).1 He was arrested and released on bond. The property allegedly taken was later returned. The State's motion to dismiss...

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