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MOODY v. STATE

Nos. 01-89-00378-CR, 01-89-00379-CR.

830 S.W.2d 698 (1992)

Carl Eugene MOODY and Kenneth Charles Moody, Appellants, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied June 25, 1992.

Attorney(s) appearing for the Case

Peter W. Lewis, Houston, for appellants.

John B. Holmes, Jr., Dist. Atty., Calvin Hartman, Asst. Atty., Houston, for appellee.

Before OLIVER-PARROT, C.J., and O'CONNOR and COHEN, JJ.

OPINION

O'CONNOR, Justice.

A jury found brothers Carl Eugene Moody and Kenneth Charles Moody guilty of resisting arrest. The trial court sentenced Carl to 20 days in jail and a $150 fine, and sentenced Kenneth to 90 days in jail and a $200 fine. Another brother, Davis Moody, was also charged, but the trial court instructed an acquittal as to him. We reverse and remand the judgment for retrial.

1. Sufficiency of the evidence

In...

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