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McDANIEL v. STATE

No. 43337.

461 S.W.2d 603 (1970)

Grover C. McDANIEL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 27, 1971.

Attorney(s) appearing for the Case

James A. Mills, Dallas (on appeal only), for appellant.

Henry Wade, Dist. Atty., Alvin Walvoord, Ronald Chapman, John B. Tolle, Camille Elliott and James P. Finstrom, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is breaking and entering an automobile with the intent to commit theft; the punishment, three (3) years.

A prior appeal of this conviction was dismissed for the want of a sentence, McDaniel v. State, Tex.Cr.App., 447 S.W.2d 910.

Appellant's court appointed attorney on appeal contends that the record does not affirmatively show that appellant was personally present at...

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