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SMITH v. STATE

No. 010-83.

652 S.W.2d 410 (1983)

Lonnie E. SMITH, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

June 15, 1983.

Attorney(s) appearing for the Case

Stanley G. Schneider, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Winston E. Cochran, Jr. and David Mendoza, Jr., Asst. Dist. Attys., Houston, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

Appellant was convicted of burglary of a habitation. The court assessed punishment, enhanced pursuant to V.T.C.A., Penal Code, § 12.42(c), at 16 years' imprisonment.

The Court of Appeals for the 1st Supreme Judicial District reversed the judgment on the ground that the court erred in failing to grant appellant's motion to quash the indictment for failure to allege in what...

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