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HATHORNE v. STATE

No. 42871.

459 S.W.2d 826 (1970)

Henry Glenn HATHORNE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 9, 1970.

Attorney(s) appearing for the Case

Moulton A. Goodrum, Houston (court-appointed on appeal), Stanley Beyer, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and William Darling, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION ON STATE'S MOTION FOR REHEARING

ONION, Judge.

Our opinions on original submission are withdrawn and the following is substituted in lieu thereof.

This is an appeal from a conviction for burglary with intent to commit theft with the punishment, enhanced by two prior noncapital felony convictions under the provisions of Article 63, Vernon's Ann.P.C., being assessed at life.

The State's motion for rehearing presents for reconsideration...

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