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PEOPLES v. STATE

No. 44524.

477 S.W.2d 889 (1972)

Charles Delmon PEOPLES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 12, 1972.

Attorney(s) appearing for the Case

Wayne B. Ames, Don R. Wilson, III, Abilene (Court appointed on appeal), for appellant.

Ed Paynter, Dist. Atty., Lynn Ingalsbe, Asst. Dist. Atty., Abilene, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is burglary; the punishment, twelve (12) years.

The record on appeal is defective. Both briefs were not timely filed and, therefore, nothing is presented for review. Art. 40.09, Sec. 10, Vernon's Ann.C.C.P. However, "in the interests of justice," the Court will review two of appellant's grounds of error. Art. 40.09, Sec. 13.

In the early morning hours of January 1, 1970, burglars entered Thornton's Department...

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