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CAIN v. STATE

No. 1331-92.

855 S.W.2d 714 (1993)

Leamon CAIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

June 16, 1993.

Attorney(s) appearing for the Case

Robert C. Bennett, Houston, for appellant.

Jim W. James, Sp. Pros. Atty., Bryan, Terry Brown, Dist. Atty., Livingston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

MEYERS, Judge.

Appellant, the former sheriff of Polk County was indicted on five counts of official misconduct; the fourth and fifth counts were dismissed prior to trial. On April 29, 1991 the jury found appellant guilty of nepotism and official misconduct. See Tex.Rev.Civ.Stat.Ann. art. 5996a § 1(c) (Vernon 1987) and Tex.Penal Code Ann. § 39.01(a)(1) (Vernon 1989), respectively. The jury...

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