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WEBB v. STATE

No. 44571.

480 S.W.2d 398 (1972)

Alfred David WEBB, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 14, 1972.

Attorney(s) appearing for the Case

Melvyn Carson Bruder, Dallas (On Appeal by appointment), for appellant.

Henry Wade, Dist. Atty., John B. Tolle and Harry J. Schulz, Jr., Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for burglary. Trial was before a jury, with punishment assessed by the court at confinement for twelve years.

The evidence reflects that on May 19, 1969, at about 3:00 a. m., Mr. Kemp, owner of the Kemp Lumber Company, which is located in Dallas, received a call from a security company that a burglar alarm in his place of business had been activated. Kemp, armed with his shotgun, drove immediately...

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