MOSS v. STATE

No. 54392.

574 S.W.2d 542 (1978)

Earnest MOSS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

On Rehearing November 15, 1978.


Attorney(s) appearing for the Case

John C. Hendrik, Dallas, court appointed, for appellant.

Henry Wade, Dist. Atty., Maridell J. Templeton, Dale G. Markland and Reed W. Prospere, Asst. Dist. Attys., Dallas, for the State.

Before ONION, P. J., and DALLY and VOLLERS, JJ.


OPINION

DALLY, Judge.

This is an appeal from a conviction for the offense of burglary of a habitation; punishment is imprisonment for 5 years.

Appellant contends that the evidence is insufficient to sustain the conviction because it was not proved that he had the intent to commit theft at the time he entered the house in which he was found, nor was it proved that the house was a habitation within the statutory definition.

Appellant was arrested...

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