Smith v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for the offense of burglary with intent to commit theft, enhanced by two prior convictions under Article 63, Vernon’s Ann.P.C. The jury assessed the punishment at life.

The sufficiency of the evidence is challenged.

In the early morning hours of August 17, 1968, the apartment of James Carter was burglarized and a console television set was taken. Neither Carter nor his wife saw anyone enter their apartment and take the television set. They testified that they were awakened at approximately 3:00 a. m. on the date of the burglary by the…