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SMITH v. STATE

No. 47765.

507 S.W.2d 779 (1974)

Louis Wallace SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 24, 1974.

Attorney(s) appearing for the Case

Melvyn Carson Bruder and Barry P. Helft (Court appointed on appeal only), Dallas, for appellant.

Henry Wade, Dist. Atty., and W. T. Westmoreland, Jr., Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

Appellant was convicted, in a trial before a jury, of burglary. Punishment, enhanced under the provisions of Article 63, Vernon's Ann.P.C., was assessed at life imprisonment.

Appellant initially contends the trial court erred in admitting over objection inculpatory statements made to police officers at the time of arrest.

The record reflects that at 2:40 A.M. on December 21, 1971, two Dallas police officers on patrol...

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