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MAXEY v. STATE

No. 40845.

424 S.W.2d 639 (1967)

Luscious Calvin MAXEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

As Amended February 7, 1968.

Rehearing Denied February 7, 1968.

Second Rehearing Denied March 20, 1968.

Attorney(s) appearing for the Case

Jan E. Hemphill, Dallas, for appellant.

Henry Wade, Dist. Atty., Cecil Emmerson, Joe K. Hendley and Kerry P. FitzGerald, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

BELCHER, Judge.

The conviction is for burglary with two prior non-capital felonies alleged for enhancement; the punishment, life.

The sole ground urged for reversal is that the evidence is insufficient to support the conviction for the primary offense of burglary.

Mrs. Vernon King testified that while she was the assistant caretaker of a convalescent hospital, located about one mile north of Highway 75, about 8:45 a. m., March 31...

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