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SMITH v. STATE

No. 43738.

466 S.W.2d 768 (1971)

Bobby Wayne SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 19, 1971.

Attorney(s) appearing for the Case

Tom L. Zachry, Fort Worth, for appellant.

Frank Coffey, Dist. Atty., Bill A. Leonard, Jerry Loftin, Roger Crampton and John Garrett Hill, Asst. Dist. Attys., Fort Worth, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for burglary with intent to commit theft. A prior conviction was alleged for enhancement under Article 62, Vernon's Ann.P.C. The punishment was assessed at twelve years.

The sufficiency of the evidence is not challenged. The record reflects that the appellant was arrested as he was leaving a doctor's office late at night after the building had been closed. He was wearing gloves at the time...

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