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SCHMILING v. STATE

No. 39676.

403 S.W.2d 132 (1966)

James Arthur SCHMILING, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 25, 1966.

Attorney(s) appearing for the Case

Emmett Colvin, Jr., of Waldie, McDowell & Colvin, Dallas (on appeal only), for appellant.

Henry Wade, Dist. Atty., Charles L. Caperton, Tom F. Reese and W. John Allison, Jr., Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

DICE, Commissioner.

The offense is burglary; the punishment, eleven years.

The state's testimony shows that the prosecuting witness, Roy W. Godses, was an assistant manager of the "21 Turtle Creek Club" in the city of Dallas. On the night in question, Godses closed the business at 2:30 a.m., and, after securing the doors, went to a nearby delicatessen for breakfast. At such time no one was in the club. An hour later he returned to the club...

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