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ABEL v. STATE

No. 38414.

395 S.W.2d 641 (1965)

Arthur Gordon ABEL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 13, 1965.

Second Motion for Rehearing Denied November 24, 1965.

Attorney(s) appearing for the Case

W. W. "Bill" Tupper, San Angelo, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

DICE, Commissioner.

The conviction is for nighttime burglary of a house; the punishment, enhanced under Art. 62, Vernon's Ann.P.C., by reason of a prior conviction for an offense of like character, twelve years.

The state's evidence shows that on the night in question a building occupied by the Knox Motor Company in the city of Ozona was broken into and burglarized. When Mr. Knox, the owner, entered the building...

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