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YARBROUGH v. STATE

No. 39860.

408 S.W.2d 230 (1966)

Johnny L. YARBROUGH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 16, 1966.

Attorney(s) appearing for the Case

LeRoy Peavy, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough, Asst. Dist. Atty., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

BELCHER, Commissioner.

The appellant waived a jury and pleaded not guilty on January 17, 1966, before the court to the charge of burglary of a private residence in the nighttime with a prior conviction for burglary alleged for enhancement. After the enhancement allegations were dismissed, the appellant was found guilty and his punishment was assessed at fifteen years.

Notice of appeal was given...

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