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CASSELL v. STATE

No. 47776.

507 S.W.2d 228 (1974)

Harold Davey CASSELL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 10, 1974.

Attorney(s) appearing for the Case

Buddy M. Dicken, Sherman, for appellant.

Joe Max Shelton, County Atty., and Dan McNulty, Asst. County Atty., Sherman, Jim D. Vollers, State's Atty., Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is burglary of a private residence at night; the punishment, forty (40) years.

Appellant brings forward ten grounds of error.

In ground of error no. 1, appellant contends that the evidence was insufficient to establish burglary of a private residence at night.

Dr. McGee of Sherman testified that he maintained two residences, one within the city of Sherman and one on a farm outside the city. He...

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