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HAYTER v. STATE

No. 51875.

541 S.W.2d 435 (1976)

John Price HAYTER, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 6, 1976.

Attorney(s) appearing for the Case

James O. Terrell, Waco, for appellant.

Martin D. Eichelberger, Dist. Atty., Lynn Malone, Asst. Dist. Atty., Waco, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for burglary; the punishment, enhanced by two prior convictions, is imprisonment for life. V.T.C.A. Penal Code, Sec. 12.42(d).

The erroneous admission of harmful hearsay evidence which was offered to rebut the testimony of the appellant requires the reversal of the judgment.

It was alleged that the appellant entered a habitation and committed the felony offense of kidnapping...

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