BYRD v. STATE

No. 41577.

435 S.W.2d 508 (1968)

Edward BYRD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 15, 1969.


Attorney(s) appearing for the Case

Weldon Holcomb, Tyler, for appellant.

Hunter B. Brush, Dist. Atty., Milton Greer Mell, Asst. Dist. Atty., Tyler, and Leon B. Douglas, State's Atty., Austin, for the State.


OPINION

DICE, Judge.

The conviction is for burglary, with a prior conviction for an offense of like character alleged for enhancement; the punishment, twelve years.

The indictment charged that the appellant and Rudolph Van, while acting together, did by force, threats, and fraud break and enter a house occupied and controlled by N. E. Young, with the intent to commit theft.

Appellant was separately tried after the granting of a severance...

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