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RUSSELL v. STATE

No. 38237.

390 S.W.2d 1 (1965)

Bobby J. RUSSELL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 12, 1965.

Attorney(s) appearing for the Case

Rex Emerson (on appeal only), Houston, for appellant.

Frank Briscoe, Dist. Atty., James C. Brough and Joe Shaffer, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Judge.

The offense is burglary; the punishment, eleven years.

Upon a plea of guilty the appellant personally joined in a stipulation with his counsel and counsel for the State that he committed the primary offense charged in the indictment and that if the injured party were present she would testify that the burglary had been committed. They further stipulated that if another named witness were present, she would testify that she

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