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CAIN v. STATE

No. 09-91-118 CR.

834 S.W.2d 628 (1992)

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

Court of Appeals of Texas, Beaumont.

Rehearing Denied August 21, 1992.

Attorney(s) appearing for the Case

Robert C. Bennett, Houston, for appellant.

Jim James, Dist. Atty., pro tern., Bryan Terry Brown, Dist. Atty., Livingston, for State.

Before WALKER, C.J., and BURGESS and WHITHAM, JJ.

OPINION ON MOTION FOR REHEARING

BURGESS, Justice.

Our previous opinion filed June 10, 1992, is withdrawn. This opinion is substituted therefor.

Appellant, the sheriff of Polk County, Texas, was indicted on five counts of official misconduct; two counts were dismissed prior to trial. A jury found him guilty of nepotism, submitted as a lesser included offense of one count, guilty of one count of official misconduct and not guilty of one count. The...

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