OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW
ONION, Presiding Judge.
A jury convicted appellant of burglary of a habitation with intent to commit theft. V.T.C.A., Penal Code, § 30.02. The jury also assessed punishment at ten years in the Texas Department of Corrections. On appeal appellant alleged in a single point of error that the trial court erred in overruling his motion to dismiss the indictment on the ground that he was denied his right...
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