BYRD v. STATE

No. 36342.

373 S.W.2d 745 (1964)

Elmer BYRD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 8, 1964.


Attorney(s) appearing for the Case

Sidney Callender, San Antonio, for appellant.

James E. Barlow, Dist. Atty., James E. Hope, Asst. Dist. Atty., San Antonio, and Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Judge

The offense is burglary with two prior convictions for felonies less than capital alleged for enhancement; the punishment, life.

Appellant was seen by Officer Edmondson as he left a bar which had been burglarized and he was finally apprehended some distance away by the said officer, following a chase in which appellant was shot three times. He had in his possession a money box which had been taken from the music machine in the bar.

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