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POLHEMUS v. STATE

No. 747-83.

659 S.W.2d 433 (1983)

James Arthur POLHEMUS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

November 2, 1983.

Attorney(s) appearing for the Case

Stanley G. Schndider, Gary M. Polland, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., and James C. Brough, Asst. Dist. Atty., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION OF STATES PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

Appellant was convicted of the offense of theft over $200.00 by a jury. The trial court assessed punishment at imprisonment for 10 years in the Texas Department of Corrections.

The Court of Appeals found that the appellant had died on March 23, 1983. On the basis of King v. State, 379 S.W.2d 907 (Tex. Cr.App.1964) the court of appeals held that...

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