HOWARD v. STATE

No. 41268.

429 S.W.2d 155 (1968)

Billy Ralph HOWARD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 12, 1968.


Attorney(s) appearing for the Case

David A. Gibson, 77002 (On Appeal), Jerry D. Davis, Houston (On Appeal), for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Allen L. Stilley, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


OPINION

BELCHER, Judge.

The offense is burglary, a prior conviction for burglary being alleged for enhancement (Art. 62 P.C.).

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

The record on appeal, in light of which the trial court decided from the brief that appellant should not be granted a new trial reflects no evidence or stipulation to support...

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