BAITY v. STATE

No. 42740.

455 S.W.2d 305 (1970)

Frank Winston BAITY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 22, 1970.


Attorney(s) appearing for the Case

Guy H. McNeely, R. M. Helton, Wichita Falls, for appellant.

Jim Phagan, Dist. Atty., Wayne Hughes, Asst. Dist. Atty., Wichita Falls, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ONION, Judge.

The offense is burglary of a coin operated machine; the punishment, enhanced under the provisions of Article 63, Vernon's Ann.P.C., life.

The State's evidence reflects that on March 3, 1969, around 4:56 a. m., Officer Jesse Mathis of the Wichita Falls City Police, an officer with 13 years' experience, was patrolling in the downtown business area on a routine building check. While in an alley next to the Piccadilly Cafeteria...

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