LUCAS v. STATE

No. 42735.

452 S.W.2d 468 (1970)

James Joseph LUCAS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 8, 1970.


Attorney(s) appearing for the Case

Charles W. Gill, Houston, for appellant.

Jules Damiani, Jr., Dist. Atty., and Russell G. Burwell, Asst. Dist. Atty., Galveston, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ONION, Judge.

The offense is theft of corporeal personal property over the value of $50.00; the punishment, enhanced under the provisions of Article 62, V.A.P.C., 10 years.

Initially, appellant complains the court below erred in admitting a statement made by him shortly after his arrest in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694.

Charles J. Mallini testified that...

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