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McCARDELL v. STATE

No. 53627.

557 S.W.2d 289 (1977)

Joseph I. McCARDELL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Motion for Rehearing Denied November 16, 1977.

Attorney(s) appearing for the Case

Joseph S. Presnall, III, Galveston, court appointed, for appellant.

Ronald L. Wilson, Dist. Atty., and Michael J. Guarino, Asst. Dist. Atty., Galveston, Jim D. Vollers, State's Atty., Austin, for the State.

Appellant's Motion for Rehearing Denied November 16, 1977.

OPINION

DOUGLAS, Judge.

Joseph I. McCardell was convicted for burglary of a building. Punishment, enhanced under V.T.C.A., Penal Code, Section 12.42(d), was assessed at life. On appeal McCardell contends that the court should have charged on the defense of alibi and on a lesser included offense of criminal trespass; that V.T.C.A., Penal Code, Section 12.42, is unconstitutional; and that the...

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