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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