BENEDICT v. STATE

No. 34699.

361 S.W.2d 373 (1962)

Benny Joe BENEDICT, Appellant. v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 31, 1962.


Attorney(s) appearing for the Case

James H. Martin, Robert C. Benavides, Dallas, for appellant.

Henry Wade, Criminal Dist. Atty., George Milner, Phil Burleson, Asst. Dist. Atty., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.


DICE, Commissioner.

The conviction is for burglary; the punishment, enhanced by two prior convictions for felonies less than capital, life imprisonment.

No statement of facts of the evidence adduced upon the main trial on the issue of appellant's guilt accompanies the record and appellant's sole contention on appeal is that the court erred in overruling his plea of former jeopardy.

The indictment under which appellant stands convicted charged the burglary...

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