Salcido v. State

MOTION FOR REHEARING

DICE, Judge

A statement of facts of the evidence adduced upon the appellant’s trial has been filed in this court and will now be considered.

*573The state’s evidence shows that the prosecuting witness, Emmett Capps, owned and operated a liquor store in the city of Pecos. Capps testified that, on the night of January 7, 1960, he closed the place, locked all the doors, and went to a building nearby where he lived; that later, after he was awakened by his brother around 11:15 o’clock, he returned to the store and found the front screen door pulled open and the glass broken out of…