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DAVIS v. STATE

No. 41312.

429 S.W.2d 895 (1968)

David A. DAVIS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 24, 1968.

Attorney(s) appearing for the Case

Emmett Colvin, Jr., Mike Barclay, Dallas, for appellant.

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

OPINION

WOODLEY, Presiding Judge.

The offense is receiving and concealing stolen property of the value of over $50.00. The punishment, enhanced under Art. 63 P.C., life.

Trial was before a jury on a plea of not guilty. The jury having found him guilty, appellant elected to have the jury assess the punishment.

Ground of error No. 1 relates to the hearing on the punishment issue. The complaint is that after the paragraphs of the indictment...

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