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SMITH v. STATE

No. 44133.

472 S.W.2d 121 (1971)

Willie C. SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 2, 1971.

Attorney(s) appearing for the Case

R. H. Stauffacher, Jr., Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Warren White, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for the offense of burglary with intent to commit theft, enhanced by two prior convictions under Article 63, Vernon's Ann.P.C. The jury assessed the punishment at life.

The sufficiency of the evidence is challenged.

In the early morning hours of August 17, 1968, the apartment of James Carter was burglarized and a console television set was taken. Neither Carter nor his wife saw anyone...

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