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STEARN v. STATE

No. 55791.

571 S.W.2d 177 (1978)

Roy STEARN, 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

Donald J. Driscoll (court appointed), Dallas, for appellant.

Henry M. Wade, Dist. Atty., Fred C. McDaniel, Gerald Banks and Richard W. Wilhelm, Asst. Dist. Attys., Dallas, for the State.

Before ODOM, VOLLERS and W. C. DAVIS, JJ.

OPINION

ODOM, Judge.

This is an appeal from a conviction for burglary of a habitation wherein appellant asserts the evidence is insufficient to support the guilty verdict; that the trial court erred in denying a charge on circumstantial evidence on the question of intent; and, that documents attesting to a prior out of state conviction were improperly admitted as evidence for enhancement to support his punishment at life as an habitual.

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