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SALAS v. STATE

No. 37588.

385 S.W.2d 859 (1965)

Jose Luis Pena SALAS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 20, 1965.

Attorney(s) appearing for the Case

Joseph L. Nanus, McAllen, for appellant.

R. L. Lattimore, Dist. Atty., Oscar B. McInnis, Asst. Dist. Atty., Edinburg, and Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The conviction is for burglary, with a prior conviction of burglary alleged for enhancement; the punishment, twelve years.

G. D. Swearingen, the owner and operator of a grocery store, closed the store building about 9 P.M., and retired to his residence approximately one hundred feet from the store. During the night Swearingen heard his and his neighbor's dogs barking. When he opened the store...

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