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SMITH v. STATE

No. 41104.

426 S.W.2d 246 (1968)

Marvin Earlon SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 24, 1968.

Attorney(s) appearing for the Case

Kenneth W. Gentry, Amarillo, for appellant.

Gene Compton, Dist. Atty., Toby A. Priolo, Asst. Dist. Atty., Amarillo, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

BELCHER, Judge.

The conviction is for attempted burglary; the punishment, three years.

The testimony of M. T. Roberson, owner and operator of a gun and key shop, was that while he and his wife were in the store about 9:30 p. m., they heard someone walking on the roof of the building, and the person went to the air conditioner on the roof and there was a sound like he turned it over. The air conditioner was about four feet square and located...

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