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MILLER v. STATE

No. 39257.

399 S.W.2d 347 (1966)

William Henry MILLER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 23, 1966.

Attorney(s) appearing for the Case

Mike Barclay (On appeal only), Dallas, for appellant.

Henry Wade, Dist. Atty., James B. Zimmermann, James H. Miller 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 the breaking and entry of a coin operated machine with intent to commit the crime of theft (Art. 1402a Vernon's Ann.P.C.); the punishment, 3 years.

The statement of facts reveals the following.

Police officers McWhorter and Ford, assigned to foot partol duties, checked the building housing Rex's Ranch House, a cafe and beer tavern in which Sidney Julius, the prosecuting witness, had a music machine, a coin operated pool...

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