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116 S.W.2d 733

Mack v. State

Court of Criminal Appeals of Texas · decided 1938-04-06

Decided 1938-04-06

MORROW, Presiding Judge.

¶1Theft of cattle is the offense; penalty assessed at confinement in the penitentiary' for two years.

¶2The indictment appears regular. The record is before this court without statement of facts or bills of exception.

¶3No error has been perceived or pointed out.

¶4The judgment is affirmed.

¶5On Motion for Rehearing.

KRUEGER, Judge.

¶6After a most careful re-examination of 'the indictment in the light of appellant’s motion for a rehearing, we remain of the opinion that it is sufficient to charge the offense of theft of cattle, and that the matter was properly disposed of in our original opinion. See article 403, C.C.P.; Barner v. State, Tex.Cr.App., 20 S.W. 559.

¶7The motion for a rehearing is overruled.

¶8PER CURIAM.

¶9The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.

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