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BENNETT v. STATE

No. 42270.

450 S.W.2d 652 (1969)

Billy Jack BENNETT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 4, 1970.

Second Rehearing Denied March 11, 1970.

Attorney(s) appearing for the Case

McCown, Sheehan & Dubuque, by Louis T. Dubuque, Dumas, for appellant.

Jerry R. Tucker, Dist. Atty., Dumas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The offense is burglary; the punishment, 8 years.

The indictment alleged that appellant and Joe Bob Bennett (his brother), did on or about September 19, 1966, in Moore County, Texas, burglarize a cafe owned and operated by Mrs. Anitta Boswell. A motion for severance was granted and the two defendants were tried separately. Convictions at a prior joint trial were reversed by this court in Bennett v. State, Tex.Cr...

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