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XANTHULL v. STATE

No. 34740.

358 S.W.2d 631 (1962)

Theodore Roosevelt XANTHULL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 27, 1962.

Attorney(s) appearing for the Case

Phillip Bordages, Beaumont, for appellant.

W. C. Lindsey, Criminal Dist. Atty., W. T. Wood, Jr., Asst. Criminal Dist. Atty., Beaumont, and Leon B. Douglas, State's Atty., Austin, for the State.

McDONALD, Judge.

The offense is burglary; the punishment, confinement in the penitentiary for a term of six years.

We shall not set forth the facts of the case in detail but will relate only those necessary to our disposition of this appeal.

Upon cross-examination of the defendant by state's counsel, the following testimony was elicited:

"Q. How long would it take you to do five years doing good time in the Huntsville State Pen—?

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