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MOUTRAY v. STATE

No. 36859.

378 S.W.2d 339 (1964)

Joseph Herschel MOUTRAY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 20, 1964.

Attorney(s) appearing for the Case

M. Gabriel Nahas, Jr., Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally, Hames C. Brough and Carol S. Vance, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Judge.

The offense is breaking and entering a coin operated machine, as denounced by Article 1402a Vernon's Ann.P.C., with three prior felony convictions alleged for enhancement; the punishment, life.

Officer Tillman testified that after midnight on the night in question, while on patrol, he passed a vacant parking lot and observed a man leaning forward with his knees bent in front of a Coca-Cola machine, which was beside the parking lot attendant...

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