HINES v. STATE

No. 42910.

458 S.W.2d 666 (1970)

Merlon Sullivan HINES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Rehearing September 23, 1970.

Second Rehearing Denied November 4, 1970.


Attorney(s) appearing for the Case

Sanders, Miller & Baker, by Dee Miller, Amarillo, for appellant.

Tom Curtis, Dist. Atty. and John B. Reese, Asst. Dist. Atty., Amarillo, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The offense is attempted burglary with two prior non capital convictions alleged for enhancement; the punishment, life.

The sufficiency of the evidence is challenged. The allegedly injured party testified that after midnight on Halloween night he was in his garage and observed a man, whom he later identified as appellant, at a door of his house with a hand on the door. At this time, he turned on the light, and the appellant...

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