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NEWTON v. STATE

No. 42993.

456 S.W.2d 939 (1970)

Calvin James NEWTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied August 21, 1970.

Attorney(s) appearing for the Case

Kenneth E. Blassingame, Dallas (on appeal only), 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, enhanced by a prior conviction for a like offense, 12 years.

The indictment returned at the January Term, 1967, in Criminal District Court No. 3 of Dallas County, alleged the offense to have been committed on or about December 18, 1966.

After many postponements, none of which was charged to the state, the case was tried on May 21, 1968. A prior trial on May 8, 1968...

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