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TORRES v. STATE

No. 40888.

422 S.W.2d 741 (1968)

Hilario Rodriguez TORRES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 10, 1968.

Attorney(s) appearing for the Case

Mitchell Esper, El Paso (on appeal only), for appellant.

Barton Boling, Dist. Atty., James H. Kreimeyer, Asst. Dist. Atty., El Paso, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The offense is burglary; the punishment, 12 years.

The indictment alleged burglary of a house occupied and controlled by Roy A. Vannoy on or about March 26, 1966.

The state's evidence reflects that Mr. Vannoy was nightwatchman and, as such, in custody and control of the building and all property of the White House Department Store in El Paso while on duty.

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