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SMITH v. STATE

No. 46405.

496 S.W.2d 564 (1973)

Charles Earl SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 20, 1973.

Attorney(s) appearing for the Case

Malcolm Dade (Court appointed on appeal), Dallas, for appellant.

Henry Wade, Dist. Atty. John E. Rapier, Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty, Austin, for the State.

OPINION

MORRISON, Judge.

The offense is burglary; the punishment, six (6) years.

School principal Kirven testified as to the breaking and the minor damage committed inside the school building and the lack of consent to appellant or anyone to enter.

Officer Tramel testified that at 10:40 p. m. on the night in question in answer to a burglar alarm he went to the Dunbar Elementary School where he "saw three colored males inside the building...

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