BLAYLOCK v. STATE

No. 42135.

442 S.W.2d 375 (1969)

Willie Joe BLAYLOCK, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 25, 1969.


Attorney(s) appearing for the Case

Winthrop Seley, Waco (Court appointed on appeal), for appellant.

Martin D. Eichelberger, District Clerk, Frank M. Fitzpatrick, Jr., Asst. Dist. Atty., Waco, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

DOUGLAS, Judge.

The conviction is for burglary with intent to commit theft. Five prior felony convictions were alleged, and two were used, for enhancement; the penalty, life.

The contention of appellant is that at the hearing on the motion for new trial some of the jurors testified that during their deliberations other jurors stated that the State failed to prove that appellant actually broke into the building, and that some of them thought...

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