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ROACH v. STATE

No. 39155.

398 S.W.2d 560 (1966)

Fred ROACH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 2, 1966.

Attorney(s) appearing for the Case

Lawrence R. Green, Dallas, for appellant.

Henry Wade, Dist. Atty., Malcolm Dade, Harryette Bercu and W. John Allison, Jr., Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

DICE, Commissioner.

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

The state's testimony shows that the prosecuting witness, W. M. Gardner, was the manager of a drive-in grocery store located at 3415 Oak Lawn Avenue in the city of Dallas. On February 19, 1965, Gardner left the store at 5 p. m., being relieved by an employee, Curley Washington. At 9 p. m., Washington...

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