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BROWN v. STATE

No. 59758.

617 S.W.2d 234 (1981)

Archie BROWN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

June 10, 1981.

Attorney(s) appearing for the Case

Robert A. Canonico, Waco, for appellant.

Felipe Reyna, Dist. Atty., and Rodney Goble, Asst. Dist. Atty., Waco, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

TEAGUE, Judge.

Appellant appeals his conviction for the felony offense of burglary of a building. His punishment was assessed by a jury at 18 years' confinement in the Texas Department of Corrections, together with a $10,000 fine.1

This Court is confronted at the outset with a question of first impression:

Is it reversible error for the trial court, over objection, to refuse to charge the jury, at the...

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