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COTTON v. STATE

No. 2-82-049-CR.

645 S.W.2d 907 (1983)

Aubrey O'Neil COTTON, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

January 26, 1983.

Attorney(s) appearing for the Case

Charles Warren Van Cleve, Arlington, for appellant.

Tim Curry, Dist. Atty., and James J. Heinemann, Asst. Dist. Atty., Fort Worth, for State.

Before FENDER, C.J., and JORDAN and BURDOCK, JJ.

OPINION

FENDER, Chief Justice.

Appellant, Aubrey O'Neil Cotton, waived a jury trial and was found guilty by the trial court of burglary of a habitation with intent to commit a felony. V.T.C.A. Penal Code, § 30.02. Punishment was set at ten (10) years imprisonment.

We affirm.

Cotton urges, in two grounds of error: that he was tried under a fatally defective indictment, which neither stipulated...

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