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LOTT v. STATE

No. 44716.

480 S.W.2d 743 (1972)

Walter R. LOTT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 7, 1972.

Attorney(s) appearing for the Case

G. Stanley Rentz, Waco, Court appointed, for appellant.

Martin D. Eichelberger, Dist. Atty., Kenneth H. Crow, James R. Barlow, Ron Slaughter and Randall Sellars, Asst. Dist. Attys., Waco, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for attempted burglary. The jury assessed the punishment at four years.

The sufficiency of the evidence is not challenged. A bookkeeper while working at night at a drug store in McGregor heard a noise on the roof of the building. The owner of the drug store and officers were called. When the officers arrived they apprehended the appellant and another on top of the building. The two men had...

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