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MAYFIELD v. STATE

No. 09 85 057 CR.

709 S.W.2d 323 (1986)

Gerald Lee MAYFIELD, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Petition for Discretionary Review May 23, 1986.

Attorney(s) appearing for the Case

Peter F. Doyle, Port Arthur, for appellant.

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

OPINION

DIES, Chief Justice.

Appellant was convicted by a jury of burglary of a habitation, and the jury assessed punishment at thirty years in the Texas Department of Corrections. He has perfected appeal to this Court.

"Appellant's initial ground of error lies in the failure of the State to prove ownership as alleged in the indictment."

TEX.PENAL CODE ANN. sec. 1.07(a)(24) (Vernon 1974) defines "Owner" as follows:

"`Owner...

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