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MADELEY v. STATE

No. 37001.

388 S.W.2d 187 (1965)

Reggie C. MADELEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Rehearing March 3, 1965.

Second Motion for Rehearing Denied April 7, 1965.

Attorney(s) appearing for the Case

John W. O'Dowd, Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally, James C. Brough, and Erwin G. Ernst, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

ON STATE'S MOTION FOR REHEARING

McDONALD, Presiding Judge.

Our prior opinions on original submission and on appellant's motion for rehearing are withdrawn, and this one substituted in lieu of them.

The conviction is for burglary of a private residence at night; the punishment, enhanced under Art. 63, Vernon's Ann.P.C., by reason of two prior convictions for felonies less than capital, life imprisonment.

It was shown by the state's evidence...

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