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ANDERSON v. STATE

No. 38255.

391 S.W.2d 54 (1965)

Jackie F. ANDERSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 16, 1965.

Attorney(s) appearing for the Case

Norman Kinne (on appeal only), Mike Barclay (on appeal only), Dallas, for appellant.

Henry Wade, Dist. Atty., Neil English, James B. Zimmermann and W. John Allison, Jr., Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Judge.

The offense is burglary; the punishment, ten years.

The Cooper store in Garland was broken into on the June night in question, and a safe set in concrete was removed therefrom. Entrance was gained by means of breaking a hole through the roof. Mr. Cooper identified the safe returned to him by the police as being the one taken from his store.

Officer Husketch of the Garland Police, while on patrol at 3:45 a. m. on the same night, was...

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