HOUSTON v. STATE

No. 45935.

486 S.W.2d 363 (1972)

Chauncey HOUSTON, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 1, 1972.


Attorney(s) appearing for the Case

James W. Bowman, Lubbock, for appellant.

J. Blair Cherry, Jr., and Troy C. Hurley, Asst. Dist. Atty., Lubbock, and Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

ROBERTS, Judge.

The offense is burglary with intent to commit theft; the punishment, five years' confinement.

Appellant cites three grounds of error. The basic facts are not in dispute. At approximately 2:00 a. m., on March 24, 1971, a Lubbock police officer noticed the profile of a colored male inside the Ranchburger, a restaurant. The officer testified he saw a broken glass in the window on one side of the building and that he saw a colored...

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