DAVIS v. STATE

No. 25796.

247 S.W.2d 561 (1952)

DAVIS v. STATE.

Court of Criminal Appeals of Texas.

April 9, 1952.


Attorney(s) appearing for the Case

No attorney on appeal for appellant.

George P. Blackburn, State's Atty., of Austin, for the State.


DAVIDSON, Commissioner.

This is a conviction for the primary offense of felony theft, with an accompanying allegation of a prior conviction for burglary with intent to commit the crime of theft. Punishment was assessed at ten years' confinement in the penitentiary, under the provisions of Arts. 62 and 1421, P. C. Valenzuela v. State, 153 Tex.Cr.R. 623, 224 S.W.2d 239.

Felony theft and burglary with intent to commit theft are offenses of the same nature, within...

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