LEWIS v. STATE

No. 09 84 162 CR.

694 S.W.2d 615 (1985)

Donald Wayne LEWIS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Petition for Discretionary Review July 12, 1985.


Attorney(s) appearing for the Case

Richard Hughes, Nederland, for appellant.

John R. DeWitt, Asst. Crim. Dist. Atty., Beaumont, for appellee.


OPINION

DIES, Chief Justice.

Appellant was convicted of burglary of a habitation with intent to commit theft, together with a prior offense as alleged in the indictment, and punishment was set by a jury at confinement in the Texas Department of Corrections for twenty-five years. Appeal has been perfected to this Court on one ground of error, viz:

"The evidence is insufficient to sustain the conviction because the evidence was

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