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McSWAIN v. STATE

No. 41115.

426 S.W.2d 865 (1968)

William Franklin McSWAIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 13, 1968.

Attorney(s) appearing for the Case

Blanchard, Clifford, Gilkerson & Smith, Lubbock, on appeal only, for appellant.

Alton R. Griffin, Dist. Atty., Tom M. Richards and K. Anthony Wright, Asst. Dist. Attys., Lubbock, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is burglary; the punishment, 12 years.

The sufficiency of the evidence is strenuously challenged.

A console television-record player was stolen from a home under the control of Bob Haynie on the day in question. When Haynie returned from work he discovered that the house had been burglarized and reported the same to the police, but the appliance was never recovered. The appliance was mounted on legs, and...

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