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PHILLIPS v. STATE

No. 51903.

538 S.W.2d 116 (1976)

Joseph PHILLIPS alias Walter Robinson, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 30, 1976.

Attorney(s) appearing for the Case

John Mustachio, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Henry Oncken, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

GUPTON, Judge.

The offense is burglary of a habitation under V.T.C.A., Penal Code, Sec. 30.02; the punishment, enhanced under V.T.C.A., Penal Code, Sec. 12.42(c), 15 years.

Appellant challenges the sufficiency of the evidence. He contends the evidence as to identification of any fruits of the alleged burglary is insufficient because the complaining witness would only testify that the television "seemed" or "appeared" to be the same item that...

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