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COOPER v. STATE

No. 46659.

500 S.W.2d 837 (1973)

James Nolan COOPER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 7, 1973.

Attorney(s) appearing for the Case

Kerry P. Fitzgerald (On appeal only), Dallas, for appellant.

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

OPINION

ONION, Presiding Judge.

This is an appeal from a burglary with the intent to commit theft conviction wherein the punishment, enhanced under Article 63, Vernon's Ann.P.C., was assessed at life.

On July 31, 1971, officers of the Dallas Police Department received a call to proceed to the Franklin D. Roosevelt School located in Dallas. The silent burglar alarm had been tripped.

When the officers arrived, they discovered pry marks on the...

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