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GERSH v. STATE

No. 0921-86.

738 S.W.2d 287 (1987)

Samuel R. GERSH, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

October 14, 1987.

Attorney(s) appearing for the Case

Grant Q. Poynor, Dallas, for appellant.

Henry Wade, Dist. Atty., and Leslie McFarlane and Janice Warder, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

MILLER, Judge.

Appellant was convicted by a jury of criminal mischief. Punishment was assessed by the trial court at a fine of $200.00. On appeal the Dallas Court of Appeals reversed and remanded the conviction. Gersh v. State, 714 S.W.2d 80 (Tex. App.-Dallas, 1986).

The State raises one ground of review complaining that the Court of Appeals incorrectly held that the presumption provided in the text...

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