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BALLARD v. STATE

No. 42009.

438 S.W.2d 924 (1969)

Eddie Lee BALLARD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 9, 1969.

Attorney(s) appearing for the Case

Tom F. Reese, Jr., Garland, court-appointed on appeal, for appellant.

Henry Wade, Dist. Atty., Thomas B. Thorpe, William Tucker, Malcolm Dade, Kerry P. FitzGerald, and Jim Finstrom, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

BELCHER, Judge.

The conviction is for felony theft with two prior convictions alleged for enhancement; the punishment, life.

This is an out-of-time appeal.

The evidence reveals that a Ford automobile of the value of more than fifty dollars was stolen from Jim Johnson after 10 p. m., on June 16, 1959. Johnson had parked his automobile in the 2400 block of Wells Street. The appellant lived in the general vicinity of 2400 Wells Street...

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