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GLENN v. STATE

No. 179-83.

659 S.W.2d 438 (1983)

Thomas Edward GLENN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Discretionary Review Granted April 27, 1983.

Attorney(s) appearing for the Case

John B. Faulkner, Waco, for appellant.

Felipe Reyna, Dist. Atty., and Lynnan L. Kendrick, Asst. Dist. Atty., Waco, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

ODOM, Judge.

Appellant was convicted of burglary of a habitation under V.T.C.A., Penal Code Sec. 30.02(a)(3). Punishment was assessed at 99 years. The Court of Appeals affirmed the conviction in an unpublished opinion. Petition for review was granted to consider appellant's contention that the jury charge was fundamentally defective which the Court of Appeals rejected.

The indictment alleged...

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