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CLARK v. STATE

No. 25590.

244 S.W.2d 218 (1951)

CLARK v. STATE.

Court of Criminal Appeals of Texas.

December 19, 1951.

Attorney(s) appearing for the Case

Dwight Whitwell, McKinney, for appellant.

Henry Wade, Criminal Dist. Atty., Charles S. Potts and Porter K. Johnston, Asst. Dist. Attys., Dallas, George P. Blackburn, State's Atty., Austin, for the State.

MORRISON, Judge.

The offense is burglary of a private residence at night; the punishment, forty years.

The indictment was returned by the grand jury of Dallas County, and the case was tried on change of venue in Collin County.

In view of our disposition of the case, a discussion of the facts will not be necessary.

Bill of exception No. 4 reflects that Mr. MacNicoll, Assistant District Attorney of Dallas County, in his argument to the jury said...

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