McCULLOUGH v. STATE

No. 41074.

425 S.W.2d 359 (1968)

Henry McCULLOUGH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 3, 1968.


Attorney(s) appearing for the Case

John W. O'Dowd, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Ruben W. Hope, Jr., Asst. Dist. Atty., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The offense is burglary with one prior conviction alleged for enhancement; the punishment, nine years.

Appellant's first ground of error is that the "trial court erred in refusing to quash the indictment (because) it was not signed by the foreman (of the grand jury) as required by Article 21.02, Section 9, V.A.C.C.P." No motion to quash was presented to the trial court as required by Article 27.10, Vernon's Ann. C.C.P. We...

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