WEATHERLY v. STATE

No. 28521.

296 S.W.2d 764 (1956)

James Franklin WEATHERLY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 28, 1956.


Attorney(s) appearing for the Case

Crouch & Pringle, Fort Worth, for appellant.

Howard M. Fender, Criminal Dist. Atty., and Conrad Florence, Asst. Criminal Dist. Atty., Fort Worth, and Leon B. Douglas, State's Atty., Austin, for the State.


DICE, Commissioner.

The conviction is for burglary, with a prior conviction of an offense of like character alleged for the purpose of enhancement; the punishment, 12 years in the penitentiary.

The state's evidence shows that the appellant was arrested while seated in his automobile, parked across the street from a building occupied by the Hancock Paint Company at the intersection of Lipscomb and Magnolia Streets in the city of Fort Worth.

The record...

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