MATULA v. STATE

No. 38197.

390 S.W.2d 263 (1965)

Theodore Timothy MATULA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 19, 1965.


Attorney(s) appearing for the Case

J. Lawton Stone, court appointed counsel on appeal only, San Antonio, for appellant.

James E. Barlow, Dist. Atty. John G. Benavides, Raymond A. Wietzel and Earl C. Hill, Asst. Dist. Attys., San Antonio, and Leon B. Douglas, State's Atty., Austin, for the State.


DICE, Commissioner.

The conviction is for burglary; the punishment, enhanced under Art. 62, Vernon's Ann.P.C., by reason of a prior conviction for an offense of like character, twelve years.

The state's evidence shows that on the night in question, Officer Donald L. McKenzie, of the city of San Antonio, while on routine patrol around 2:36 a. m., discovered that a building occupied by the B. & M. Mattress Company at 1312 South Hackberry, had been broken...

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