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409 S.W.2d 400

Turner v. State

Court of Criminal Appeals of Texas

Decided November 9, 1966

Court of Criminal Appeals of Texas · decided 1966-11-09

Decided 1966-11-09

¶1OPINION

McDonald, judge.

¶2The offense is burglary with intent to commit theft with two prior convictions of felonies less than capital alleged for enhancement purposes; the punishment, life imprisonment in the Texas Department of Corrections.

¶3This is a companion case to Columbus v. State, Tex.Cr.App., 409 S.W.2d 400.

¶4The state’s testimony reflects that the McKissack Auto Supply Company building owned by Max Rampy was entered through the roof and ceiling without consent; that a burglar alarm sounded and Lubbock police officers surrounded the building and saw the appellant run to the front door and run back; that after the officers entered the building with a K-9 dog they found appellant and Columbus behind some barrels. Appellant ran.

¶5The prior convictions were stipulated prior to the trial and were also admitted by the appellant during cross-examination.

¶6Appellant offered alibi testimony which the jury rejected.

¶7We find the evidence sufficient to sustain the jury’s verdict. There are no objections nor exceptions to the court’s charge. The record contains neither formal nor informal bills of exception.

¶8No brief has been filed by appellant.

¶9We find no reversible errors. The judgment is affirmed.

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