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JONES v. STATE

No. 55823.

587 S.W.2d 115 (1978)

Aburey Lewis JONES, Appellant, v. The STATE of Texas, Appellee.

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

On Rehearing October 10, 1979.

Attorney(s) appearing for the Case

Jack Hampton, Dallas, for appellant.

Henry Wade, Dist. Atty., Steve J. Wilensky and John D. Ovard, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before DOUGLAS, ROBERTS and DALLY, JJ.

OPINION

DALLY, Judge.

This is an appeal from a conviction for burglary of a habitation with the intent to commit theft; punishment is imprisonment for life.

Appellant urges two grounds of error. Because evidence of an extraneous offense was improperly admitted, the judgment will be reversed.

The complainant, Terry Doyle, testified that at approximately 9:00 p. m. on February 13, 1975, she was attacked by appellant

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