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ALEXANDER v. STATE

No. 26780.

274 S.W.2d 81 (1954)

Grady ALEXANDER, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 2, 1954.

Second Motion for Rehearing Denied June 26, 1954.

Writ of Certiorari Denied November 8, 1954.

Attorney(s) appearing for the Case

Mullinax & Wells, By Otto B. Mullinax, Dallas, for appellant.

Wesley Dice, State's Atty., of Austin, for the State.

Writ of Certiorari Denied November 8, 1954. See 75 S.Ct. 108.

WOODLEY, Judge.

This is a conviction for nighttime burglary of a private residence; the punishment, five years in the penitentiary.

At the outset, we are confronted with the attack upon the sufficiency of the indictment, the charging portion of which reads as follows:

"Grady Alexander did, then and there unlawfully in the nighttime, commit the offense of burglary, by then and there...

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