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LACY v. STATE

No. 44685.

477 S.W.2d 577 (1972)

Kenneth Ray LACY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 15, 1972.

Attorney(s) appearing for the Case

Don Metcalfe, Dallas (On appeal only), for appellant.

Henry Wade, Dist. Atty., William T. Westmoreland, Jr., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction of burglary. The jury assessed punishment at twelve years.

Officer J. W. Upton of the Dallas Police Department testified that in the early morning hours of January 29, 1970, as a result of a call, he went to the Hub and Red Tire Company in Dallas. He saw a broken window and someone inside the building. The person inside, ran, Upton told him to halt, and when he did not, Upton fired three...

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