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TODD v. STATE

No. 32892.

342 S.W.2d 575 (1961)

Marlon Earl TODD, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 8, 1961.

Attorney(s) appearing for the Case

D. B. Mauzy, Houston, for appellant.

Dan Walton, Dist. Atty., Samuel H. Robertson, Jr., Thomas C. Dunn, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

DICE, Commissioner.

The offense is burglary, with two prior convictions for felonies less than capital alleged for enhancement; the punishment, life imprisonment under Art. 63, Vernon's Ann.C.C.P.

The State's evidence shows that the prosecuting witness, Dennis Osborn, lived with his family at 5913 Stones Throw in the City of Houston. Appellant worked for him in his construction business.

Osborn testified...

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