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CULBERT v. STATE

No. 39932.

415 S.W.2d 646 (1966)

Harold Lloyd CULBERT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 18, 1967.

Dissenting Opinion on Denial of Rehearing March 8, 1967.

Second Rehearing Denied May 10, 1967.

Third Rehearing Denied June 21, 1967.

Attorney(s) appearing for the Case

Will Gray (on appeal only), Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough, Richard M. DeGuerin and Joe Shaffer, Asst. Dist. Attys., Houston, Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

WOODLEY, Judge.

The offense is felony theft; the punishment, enhanced by two prior convictions for a like offense (Art. 63 Vernon's Ann. P.C.), life.

Trial was had and notice of appeal given prior to January 1, 1966.

The indictment alleged theft of two automobile tires and wheels of the value of over $50.00 from J. R. Gage; and for the purpose of enhancing the punishment, alleged that prior to the commission of said theft appellant...

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