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ARMSTRONG v. STATE

No. 32478.

340 S.W.2d 500 (1960)

Dalton Ivy ARMSTRONG, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 30, 1960.

Attorney(s) appearing for the Case

Marion G. Holt, A. L. Lowery, Nacogdoches, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Judge.

The appeal is from a conviction for burglary; the punishment being enhanced under Art. 63, Vernon's Ann.P.C. to life.

The indictment charged the offense of burglary of a private residence at night in one count, and ordinary burglary in another. (These are separate and distinct offenses.) It then alleged "That prior to the commission of the offense of nighttime burglary of a private residence" appellant had been convicted of Robbery by...

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