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MULLINS v. STATE

No. 41107.

425 S.W.2d 354 (1968)

Gene Augustus MULLINS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 13, 1968.

Attorney(s) appearing for the Case

D. C. Gandy, Fort Worth (by Appointment), for appellant.

Frank Coffey, Dist. Atty., Gordon Gray and Wayne Roberts, Asst. Dist. Attys., Fort Worth, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The offense is burglary of a private residence at night; the punishment, 15 years.

The indictment alleged the burglary of the private residence of Riland Martin in White Settlement, Tarrant County, Texas, on or about October 19, 1966.

The state's evidence shows that Mr. Martin was away from his home between 8 and 8:45 P.M. on said date and when he returned the glass door in the garage was broken and a color...

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