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WHITLOW v. STATE

No. 55345.

567 S.W.2d 522 (1978)

Ace WHITLOW, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

June 28, 1978.

Attorney(s) appearing for the Case

A. J. Novelli, Marlin, for appellant.

Before ROBERTS, ODOM and TOM G. DAVIS, JJ.

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for burglary of a building. Punishment, enhanced by one prior conviction,1 was assessed by the jury at life.

Appellant complains that "the trial court committed fundamental error in its jury instruction which authorized conviction under a theory not contained in the indictment."

Appellant was convicted for...

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