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WESLEY v. STATE

No. 37992.

388 S.W.2d 431 (1965)

S. M. WESLEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 31, 1965.

Attorney(s) appearing for the Case

Herbert H. Landau, Dallas, for appellant.

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

DICE, Commissioner.

The offense is attempted burglary; the punishment, enhanced under Art. 63, Vernon's Ann.P.C., by reason of two prior convictions for felonies less than capital, life imprisonment.

The state's evidence shows that the prosecuting witness, Marion S. Carnes, owned and operated a cafe in the city of Dallas, located at 600 West Davis and known as "Naylor's Drive-In."

On the night of October 14, 1963, Carnes closed the place around 9:30...

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