Waffer v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for the felony offense of possessing a firearm away from the premises upon which appellant lived after he had served a term in the Department of Corrections for the offense of burglary.

The sufficiency of the evidence is not challenged. The prior conviction was in 1960 for the offense of burglary with intent to commit theft.

The controlling question in this case is substantially the same as the one in Mendoza v. State, Tex.Cr.App., 460 S.W.2d 145 (this day decided), and is as follows: Did the Legislature repeal that part of Article 489c…