AUZENNE v. STATE

No. 52643.

547 S.W.2d 596 (1977)

Edna Mae AUZENNE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 24, 1977.


Attorney(s) appearing for the Case

Carol S. Vance, Dist. Atty. and Alvin M. Titus, Asst. Dist. Atty., Houston, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

ODOM, Judge.

This is an appeal from a conviction for the offense of theft, a class A misdemeanor; punishment was assessed at ten days in jail.

We are met at the outset with fundamental error that requires consideration in the interest of justice. Art. 40.09(13), V.A.C. C.P.

The information in this case alleges that appellant:

". . . on or about June 14, 1975, did then and there unlawfully exercise control over property, namely...

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