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TAYLOR v. STATE

No. 47009.

508 S.W.2d 393 (1974)

James Allen TAYLOR, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 24, 1974.

Attorney(s) appearing for the Case

Will Gray (On appeal only), Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and George Karam, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

The conviction is for burglary with intent to commit theft; the punishment, eight years imprisonment.

The first question presented is whether the evidence is sufficient to show want of consent of the alleged owner to the entry and taking of his property.1

A review of many cases confirms the accuracy of the following quotation from Branch's Penal Code:

"While it is not necessary...

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