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THOMAS v. STATE

No. 43384.

462 S.W.2d 294 (1971)

Gussie Lee THOMAS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 27, 1971.

Attorney(s) appearing for the Case

Norman Kinne, Dallas, Court-appointed for appellant.

Henry Wade, Dist. Atty., John B. Tolle, Harry J. Schulz, Jr., W. T. Westmoreland, Jr., and Edgar Mason, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ROBERTS, Judge.

This is an out-of-time appeal from a conviction of the offense of burglary, with the punishment, enhanced by two prior non-capital felonies, at life imprisonment.

Trial was before a jury on a plea of not guilty.

James Lee Fantroy testified that on October 30, 1963 he was the owner of the Blue Monday Drive-in at 1808 North Hall Street in Dallas, Texas. At approximately 12:15, on the morning of October 30, 1963, he closed...

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