WHEELER v. STATE

No. 42675.

453 S.W.2d 168 (1970)

Fred Douglas WHEELER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 13, 1970.


Attorney(s) appearing for the Case

Don Metcalfe, Dallas, for appellant.

Henry Wade, Dist. Atty., John B. Tolle, Camille Elliott, and Harry J. Schulz, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

WOODLEY, Presiding Judge.

The appeal is from a conviction for burglary, with punishment assessed at 5 years in the penitentiary.

The indictment alleged the burglary of a house occupied and controlled by Horace Alridge with intent to commit theft. Trial was before a jury on a plea of not guilty. At appellant's option the punishment was assessed by the court.

The sole ground of error complains that the evidence is insufficient to sustain...

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