MORGAN v. STATE

No. 50839.

532 S.W.2d 85 (1976)

Jimmy Dwain MORGAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 18, 1976.


Attorney(s) appearing for the Case

Benny J. Lowe, Odessa, for appellant.

James A. Mashburn, Dist. Atty., and Jack K. Wall, Asst. Dist. Atty., Midland, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The offense is burglary with intent to commit theft under Article 1389, V.A.P.C.; the jury assessed punishment at nine years.

In view of our disposition of this case, a recitation of the facts is not necessary. Appellant's third ground of error challenges the admissibility of a pen packet from Ohio. The Ohio prison papers were offered at the punishment phase of the trial as proof of appellant's prior criminal record under...

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