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DEVAUGHN v. STATE

No. 04-83-00094-CR.

759 S.W.2d 510 (1988)

Lernard DeVAUGHN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

October 19, 1988.

Attorney(s) appearing for the Case

Mark Stevens, San Antonio, for appellant.

Sam Millsap, Jr., Former Criminal Dist. Atty., Fred G. Rodriguez, Criminal Dist. Atty., Edwin E. Springer, Edward Coffey, Edward Shaughnessy, III, San Antonio, for appellee.

Before CADENA, C.J., and CANTU, and CHAPA, JJ.

OPINION

CANTU, Justice.

On August 15, 1984 this court upheld appellant's contention that the trial court had erred by failing to sustain Paragraph III of his Motion to quash the indictment.

The indictment alleged, in pertinent part:

... on or about the 7th day of August, A.D., 1982, Lernard DeVaughn did then and there intentionally and knowingly enter a habitation which is located in the general vicinity of the 7400 block of Hidden Oak, Live...

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