McGEE v. STATE

No. B14-85-860-CR.

725 S.W.2d 362 (1987)

Sylvester G. McGEE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

January 22, 1987.


Attorney(s) appearing for the Case

Larry Urquhart, Brenham, for appellant.

John B. Holmes, Jr., Roe Morris, David L. Singer, Houston, for appellee.

Before PAUL PRESSLER, SEARS and CANNON, JJ.


PAUL PRESSLER, Justice.

Appellant was convicted of burglary of a building. The jury assessed punishment, enhanced by a prior felony, at twenty-five years confinement in the Department of Corrections. We reverse.

On August 27, 1985, Dorothy Ann LaFrance was working at a K-Mart Store. At approximately 1:00 a.m., when the store was not open to the public, she heard a loud bang in the back of the store, and the burglar alarm sounded. Shortly thereafter, she observed...

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