SMITH v. STATE

No. 54727.

571 S.W.2d 168 (1978)

Calvin Allen SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

September 27, 1978.


Attorney(s) appearing for the Case

William O. Olsen, Jr., Houston, for appellant.

Carol S. Vance, Dist. Atty., Clyde F. DeWitt, III, and William E. Taylor, III, Asst. Dist. Attys., Houston, for the State.

Before DOUGLAS, PHILLIPS and W. C. DAVIS, JJ.


OPINION

PHILLIPS, Judge.

This is an appeal from a conviction for attempted burglary of a habitation. Punishment was assessed against appellant, as a habitual offender, at life imprisonment.

Appellant's first ground of error contends that the trial court reversibly erred in failing to grant his motion to quash the indictment for its failure to allege that appellant had the "specific intent" to commit burglary when he committed the acts alleged in...

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