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MILLS v. STATE

No. 40497.

417 S.W.2d 69 (1967)

James William MILLS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 28, 1967.

Attorney(s) appearing for the Case

George R. Milner (on appeal only),

Dallas, for appellant.

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

OPINION

MORRISON, Judge.

The offense is attempted burglary with two prior non-capital convictions alleged for enhancement; the punishment, life.

The sufficiency of the evidence to sustain the conviction of the appellant as a principal to the primary offense is challenged. Deputy Sheriffs Brown and Bean testified that on the night in question they had a certain store in a semi-rural residential section of Dallas County under surveillance. At about...

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