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SHOCKLEY v. STATE

No. 1009-85.

750 S.W.2d 193 (1988)

Daniel Gaston SHOCKLEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

May 4, 1988.

Attorney(s) appearing for the Case

John H. Hagler (on appeal only), Dallas, for appellant.

Henry Wade, Former Dist. Atty., and Constance M. Maher, Terrence Hart and Joan Marshall, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

TEAGUE, Judge.

Daniel Gaston Shockley, henceforth appellant, was convicted of burglary by a jury and his punishment assessed at confinement in the Texas Department of Corrections for a period of ten years and a day. However, the Dallas Court Appeals reversed this conviction because the trial judge, over objection, instructed the jury that "the act of breaking and entering a building at nighttime raises a...

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