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SMITH v. STATE

No. 07-84-0157-CR.

704 S.W.2d 791 (1985)

Dock Junior SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Amarillo.

June 26, 1985.

Attorney(s) appearing for the Case

Morris Overstreet, Amarillo, for appellant.

Bill Baumann, Co. Atty., Amarillo, for appellee.

Before REYNOLDS, C.J., and COUNTISS and BOYD, JJ.

COUNTISS, Justice.

Appellant was convicted of evading arrest, Tex. Penal Code Ann. § 38.04 (Vernon 1974)1 and assessed punishment of 45 days in jail and a probated fine of $300.00. The primary question before this Court is whether a person fleeing from a Terry2 investigatory stop is evading arrest under § 38.04. We conclude that he is not, and reverse and dismiss.

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