Ex Parte Clark

OPINION ON STATE’S MOTION FOR REHEARING

PHILLIPS, Judge.

The State has adopted the dissent to the opinion on original submission as its brief on Motion for Rehearing. The dissent urges that the indictment in this case alleges an offense in terms of the statute, V.T. C.A. Penal Code, Section 32.31(b)(4). That subsection provides in pertinent part that a person commits an offense if •., with knowledge that it has been stolen, [he] receives a credit card with intent to use it, to sell it, or to transfer it to a person other than the issuer or the cardholder; .

The indictment alleged that appellant…