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XANTHULL v. STATE

No. 39577.

403 S.W.2d 807 (1966)

Theodore R. XANTHULL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 25, 1966.

Attorney(s) appearing for the Case

Crouch & Ferguson, by Paul F. Ferguson, J. David Gooch, Alvin, for appellant.

Tom Kenyon, Dist. Atty., Wallace N. Shaw and Ogden Bass, Asst. Dist. Attys., Angleton, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

DICE, Commissioner.

The offense is burglary; the punishment, six years.

The indictment charged the burglary of a house occupied and controlled by G. M. Shepard.

Shepard, the prosecuting witness, testified that he was yard manager for the Griesenbeck Lumber Company in the city of Angleton. On Saturday, September 25, 1965, the witness closed the business at noon for the week-end. All windows and doors to the building were locked. When...

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