HEAD v. STATE

No. 40517.

419 S.W.2d 375 (1967)

M. C. HEAD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 18, 1967.


Attorney(s) appearing for the Case

Charles Scarborough, Robert D. Batjer, Jr., Abilene, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.


OPINION

WOODLEY, Presiding Judge.

The offense is burglary with intent to commit theft; the punishment, enhanced by two prior convictions for felonies less than capital, life.

Trial was before a jury. The plea was not guilty.

After return of a verdict of guilty by the jury, appellant elected to have the trial judge assess the punishment, as authorized by Art. 37.07 Vernon's Ann.C.C.P. After dismissing the jury, the judge held a hearing where...

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