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STUBBS v. STATE

No. 43074.

457 S.W.2d 563 (1970)

Michael Wayne STUBBS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

September 4, 1970.

Attorney(s) appearing for the Case

John H. Winburn, Donald W. Keck, Dallas, for appellant.

Henry Wade, Dist. Atty., John B. Tolle, Harry J. Schulz, Jr., W. T. Westmoreland, Jr., and Edgar A. Mason, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The offense is burglary; the punishment, 12 years.

Appellant and David Harold Boss were indicted and tried together on March 12, 1969. Trial was before a jury on a plea of not guilty. The jury found appellant guilty and assessed his punishment.

Appellant's first amended motion for new trial was overruled, notice of appeal given and sentence was pronounced on May...

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