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WAGONER v. STATE

No. 41689.

434 S.W.2d 868 (1968)

William Eugene WAGONER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 11, 1968.

Attorney(s) appearing for the Case

R. T. Scales, Dallas, for appellant.

Henry Wade, Dist. Atty., Malcolm Dade, Kerry P. FitzGerald and Camille Elliott, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

ONION, Judge.

The offense is burglary with intent to commit theft with two prior convictions alleged for enhancement under the provisions of Article 63, Vernon's Ann.P.C.; the punishment, originally assessed, life.

This is what has now been popularly denominated as an out of time appeal. See Ex parte Mixon, Tex.Cr.App., 396 S.W.2d 417; Mixon v. State, Tex.Cr.App., 401 S.W.2d 806

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