Blanton v. State

OPINION

WOODLEY, Presiding Judge.

The offense is burglary of a coin operated machine (Art. 1402a V.A.P.C.); the punishment, enhanced under Art. 63 P.C. by two prior convictions for a felony less than capital, life.

The sufficiency of the evidence to sustain the jury’s finding of guilt is not challenged. Three eye witnesses testified that appellant committed the primary offense and fled the scene.

Appellant having elected to have the jury assess the punishment, the portion of the .indictment alleging a prior conviction on September 17,1962, in Cause No. 8515 in the 140th District Court of Lubbock…