Garcia v. State

WOODLEY, Judge.

The indictment drawn under Art. 489c V.A.P.C. alleged that appellant, on or about August 1.1, 1958, had in his possession away from the premises upon which he resided, a pistol, he having been convicted on January 21, 1953, in Cause No. 52394 in Criminal District Court of Tarrant County, Texas, of burglary and served a term in the penitentiary under said conviction.

For enhancement of punishment, the indictment alleged a prior conviction in 1954 for felony theft and also alleged the same burglary conviction alleged in charging the primary offense.

*488The jury found appellant guilty…