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McCARTER v. STATE

No. 41712.

438 S.W.2d 575 (1969)

Lonnie McCARTER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 7, 1969.

Attorney(s) appearing for the Case

B. C. Fenley, Jr., Houston, (court appointed on appeal) Russell Neisig and Jack D. Bodiford, Criminal Division, Houston Legal Foundation, Houston, assisting on brief, for appellant.

Carol S. Vance, Dist. Atty., Bill Burge and Frank Puckett, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The offense is burglary; the punishment, enhanced under Art. 63, Vernon's Ann.P.C., life.

The disposition of this appeal is governed by the decision of the Supreme Court of the United States in Pate v. Robinson, 383 U.S. 375, 86 S.Ct. 836, 15 L.Ed.2d 815, and the opinion of this court in Townsend v. State, 427 S.W.2d 55...

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