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MAHAFFEY v. STATE

No. 2-91-121-CR.

833 S.W.2d 678 (1992)

Keith Ernest MAHAFFEY, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

June 30, 1992.

Attorney(s) appearing for the Case

Kenneth G. Mahaffey, Denton, for appellant.

Bruce Isaacks, Dist. Atty., David C. Colley, Jim Crouch, Paige Miller, Assts., Denton, for State.

Before WEAVER, C.J., and FARRIS and MEYERS, JJ.

OPINION

FARRIS, Justice.

Keith Ernest Mahaffey appeals his conviction of burglary of a habitation. Mahaffey was charged in a two count indictment with kidnapping and burglary. Only the burglary count was submitted to the jurors, who were instructed to find him guilty if they found either he entered the habitation with intent to commit kidnapping, or entered the habitation and did attempt to commit or committed kidnapping. Mahaffey contends the trial court...

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