FLANAGAN v. STATE

No. 60187.

620 S.W.2d 591 (1981)

Ricky Adolph FLANAGAN, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied September 23, 1981.


Attorney(s) appearing for the Case

Lloyd W. Westerlage, Dallas, for appellant.

Henry Wade, Dist. Atty., J. T. Langford and Gerri Meier, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before TOM G. DAVIS, McCORMICK and TEAGUE, JJ.


OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for burglary. Trial was before the court and punishment was assessed at five years probated.

In his second ground of error, appellant challenges the sufficiency of the evidence to support his conviction. The State relied upon circumstantial evidence.

The indictment alleges in pertinent part that on October 31, 1977, appellant did:

"Knowingly and intentionally enter a habitation...

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