SCOTT v. STATE

No. 30244.

323 S.W.2d 445 (1959)

Ray SCOTT, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Motion for Rehearing April 1, 1959.


Attorney(s) appearing for the Case

Charles William Tessmer, Dallas, for appellant.

Howard M. Fender, Dist. Atty., John E. McLean and Albert F. Fick, Jr., Asst. Dist. Attys., Fort Worth, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Judge.

The offense is burglary; the punishment, enhanced by a previous conviction for burglary, twelve years.

About 11:30 P.M. three men drove up to Mr. Kincaid's grocery store in a Cadillac automobile and went to the front door. One of the men returned to the car and took therefrom a tire tool with which they forced the door open.

Two of the men entered the store, and the other drove the Cadillac away. He soon returned and the three men placed...

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