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SWINDELL v. STATE

No. 38346.

391 S.W.2d 440 (1965)

Calvin Coolidge SWINDELL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 9, 1965.

Attorney(s) appearing for the Case

No attorney of record on appeal for appellant.

Henry Wade, Dist. Atty., Harryette Bercu, C. M. Turlington and W. John Allison, Jr., Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Judge.

The offense is felony theft; the punishment, 9 years.

The indictment alleged the theft of an outboard motor of the value of over $50 from Dallas L. Long.

Mr. Long testified: His outboard motor, of the value of at least $350, was on his boat which was on his front lawn. About 10:45 P.M. he got out of bed, went to the window and saw two men at the back of his boat. He got his gun, went outside and saw the men about 50 or 75 feet down...

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