FRANKLIN v. STATE

No. 39790.

409 S.W.2d 422 (1966)

Willie James FRANKLIN, Appellant. v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 31, 1966.


Attorney(s) appearing for the Case

Tom Upchurch, Jr., Amarillo, (on appeal), for appellant.

B. G. Compton, Dist. Atty., Toby A. Priolo, Asst. Dist. Atty., Amarillo, and Leon B. Douglas, State's Atty., Austin, for the State.


OPINION

McDONALD, Judge.

The offense is burglary of a private residence at night; on a plea of guilty the jury assessed punishment at 15 years confinement in the Texas Department of Corrections.

Notice of appeal was given prior to January 1, 1966.

At about 12:15 a.m. on the morning of May 21, 1965, Annette Dove returned to her residence in Amarillo after attending classes at Canyon, Texas. She entered her home, turned on the light and realized...

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