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THOMMEN v. STATE

No. 48116.

505 S.W.2d 900 (1974)

Lawrence Allen THOMMEN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 13, 1974.

Attorney(s) appearing for the Case

J. C. Carroll, Jr. (on appeal only), Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Martin McVey, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

QUENTIN KEITH, Commissioner.

Appellant, indicted on two counts of burglary, was convicted of burglary by concealment. He was tried before the Court without a jury and his punishment assessed at three years.

According to appellant's oral confession admitted without objection, he entered a food store in Houston at approximately 7 p. m. intending to steal drugs from the pharmacy department therein. He concealed himself in the back area of the...

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