HOGAN v. STATE

No. 49936.

529 S.W.2d 515 (1975)

Kenneth Rode HOGAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 3, 1975.


Attorney(s) appearing for the Case

Marvin O. Teague and Bob W. Robertson (Both on appeal only), Houston, for appellant.

Carol S. Vance, Dist. Atty., Clyde F. DeWitt, III, and Ronald Young, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

ROBERTS, Judge.

Appellant was convicted by a jury of burglary under our former Code. At the hearing on punishment, the trial court found appellant to be a second offender and assessed his punishment at twelve years.

The record reflects that on October 30, 1972, Houston police officers B. J. Foster and J. L. Baker received a general call on their police radio that a break-in was in progress at 835...

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