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432 S.W.2d 902

Lambert v. State

Court of Criminal Appeals of Texas

Decided October 23, 1968

Court of Criminal Appeals of Texas · decided 1968-10-23

Relies on Lambert v. State

Decided 1968-10-23

¶1OPINION

DICE, Judge.

¶2Appellant was convicted, upon his plea of nolo contendere and waiver of trial by jury, of the offense of burglary and his punishment assessed at confinement in the Texas Department of Corrections for a term of three years.

¶3Appellant’s sole contention on appeal is that the indictment is fundamentally defective because it did not allege all of the essential elements of the offense of burglary, as denounced by any of the three articles: 1389, 1390, and 1391 of the Penal Code.

¶4The indictment contains allegations similar to those in the indictment which this court held sufficient to charge the offense of burglary in Lambert v. State, 432 S.W.2d 901, this day affirmed.

¶5The contention is overruled.

¶6The judgment is affirmed.

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