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SIMS v. STATE

No. 38094.

388 S.W.2d 714 (1965)

Bennie Earl SIMS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 7, 1965.

Attorney(s) appearing for the Case

Charles R. Wheeler, Fort Worth, for appellant.

Doug Crouch, Dist. Atty., Grady Hight, Asst. Dist. Atty., Fort Worth, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Judge.

The offense is burglary; the punishment, enhanced under Art. 63 P.C., life.

The indictment alleged the burglary of a house belonging to M. L. Suggs, with intent to commit theft. A prior conviction for burglary in 1959 and another in 1961 were alleged.

A Gulf Service Station in Fort Worth operated by M. L. Suggs was burglarized on the night of August 20, 1964. Entry was made by breaking a window and a money bag containing some $30 in...

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