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BLASINGAME v. STATE

No. A14-85-477-CR.

706 S.W.2d 682 (1986)

Jess Michael BLASINGAME, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

February 13, 1986.

Attorney(s) appearing for the Case

Michael Ramsey, George Tyson, Jr., Houston, for appellant.

John Holmes, Jr., Dist. Atty., William Delmore, III, Richard Mason, Asst. Dist. Attys., Houston, for appellee.

Before J. CURTISS BROWN, C.J., and MURPHY and ROBERTSON, JJ.

OPINION

ROBERTSON, Justice.

The conviction is for official oppression. Trial was to the court on a plea of not guilty; punishment was confinement which was probated and a fine. Issues on appeal are the sufficiency of the indictment and the evidence. We reverse.

Omitting its formal parts, the indictment alleged that on July 27, 1984 appellant did:

while a public servant, namely, the Mayor of Jacinto City, Texas, and while acting under color...

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