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AUTEN v. STATE

No. 41319.

429 S.W.2d 894 (1968)

Charles Jay AUTEN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 24, 1968.

Attorney(s) appearing for the Case

Howard G. Wilson, Dallas, for appellant.

Henry Wade, Dist. Atty., Alton J. Alsup, Curtis D. Glover, Malcolm Dade 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 sole ground of error is based upon the State's cross examination of a defense witness. The State first asked this witness if his address was the county jail to which he answered in the affirmative. He was then asked if he was presently serving 45 years for robbery. This question was also answered in the...

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