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GORDON v. STATE

No. 45880.

492 S.W.2d 262 (1973)

Albert Louis GORDON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 21, 1973.

Attorney(s) appearing for the Case

H. Edward Johnson, Fort Worth, for appellant.

Doug Crouch, Dist. Atty., William A. Knapp, William W. Chambers and J. J. Heinemann, Asst. Dist. Attys., Fort Worth, 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, five (5) years.

The record reflects that in the early morning hours of August 3, 1971, officers entered a Ft. Worth Dairy Queen store after discovering the door ajar and arrested appellant and a companion who were hiding behind a refrigerator at the rear of the store. Irvin Hobbs, the Dairy Queen manager, testified he locked the premises the night before the burglary and returned to...

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