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McSWAIN v. STATE

No. 39436.

403 S.W.2d 432 (1966)

Preston Perry McSWAIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 18, 1966.

Second Motion for Rehearing Denied June 22, 1966.

Attorney(s) appearing for the Case

Howard O. Lake, Houston, John W. O'Dowd (on rehearing only), Houston, for appellant.

Carol S. Vance, Dist. Atty., Ted Hirtz and Frank Puckett, Jr., Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

McDONALD, Presiding Judge.

The offense is burglary; the punishment, enhanced by proof of two prior convictions for felonies less than capital, life imprisonment.

Police Officer J. C. Goff testified that at the time of the offense his duties were those of security guard at an apartment complex located in Harris County, Texas, and that he lived at this same location. While off duty, and as he sat reading the newspaper on the patio of his apartment...

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