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KIRVIN v. STATE

No. 56759.

575 S.W.2d 301 (1978)

Willie Lee KIRVIN, Appellant, v. The STATE of Texas, Appellee.

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

December 20, 1978.

Attorney(s) appearing for the Case

Alfonzo R. Greenidge, Dallas, for appellant.

Henry M. Wade, Dist. Atty., John Tatum and Reed Prospere, Asst. Dist. Attys., Dallas, for the State.

Before DOUGLAS, TOM G. DAVIS and VOLLERS, JJ.

OPINION

WILLIAM J. CORNELIUS, Commissioner.

The conviction was for burglary of a habitation with the intent to commit sexual abuse of a child. Punishment was set by the jury at ninety-nine years' confinement.

The State's version of the evidence revealed that Apolonio Buenrostro and his wife, Juanita, left their home in Dallas on December 3, 1975, to visit a relative and were gone for some fifteen to twenty minutes. Their four children were left at...

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