Fielden v. State

GRAVES, Judge.

Appellant was convicted of the offense of burglary of a house and his punishment assessed at a penalty of two years in the penitentiary, and he appeals.

Complaint is made of the sufficiency of the facts to show a breaking into the house alleged to have been burglarized, the case being one of circumstantial evidence. To this we do not agree.

Mr. Marshall, the owner of the house, testified, among other things, as follows:

“On or about the 8th of April, 1947, we had a tool house, about 10 x 12 at our place which was broken into, some time in the night of April 8th, and a 150-amp…