Shockley v. State

ALLEN, Justice.

Daniel Gaston Shockley appeals his conviction for burglary of a building. The jury assessed his sentence at ten years and one day in the Texas Department of Corrections. We agree with appellant’s grounds of error one and two wherein he challenges the trial court’s jury charge and reverse and remand the cause for a new trial. Additionally, we address appellant’s contention that the evidence is insufficient to support the conviction.

The facts of the case are as follows. On October 27, 1982, the owner of the Orchard Hills Pharmacy locked the store at closing 10:30 p.m. and checked…