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ELLIOTT v. STATE

No. 42587.

450 S.W.2d 863 (1970)

Robert Eugene ELLIOTT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 11, 1970.

Attorney(s) appearing for the Case

James Lynn Martin, Dallas, for appellant.

Henry Wade, Dist. Atty., John B. Tolle, Camille Elliott, James Finstrom, James P. Barklow, Jr., and Charles H. Erwin, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Judge.

The offense is burglary with intent to commit theft; the punishment, enhanced under the provisions of Article 62, Vernon's Ann.P.C., 12 years.

The record reflects that in the early morning hours of December 20, 1967, Minsky's Music Store, in the City of Dallas, was broken into and guitars, amplifiers and a record player taken.

Dallas Police Officer H. O. Ford was patrolling in the Preston Forest Shopping Center during...

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