Escalante v. State

WOODLEY, Judge.

The offense is burglary; the punishment, enhanced under Art. 62 P.C., 12 years.

The indictment alleged that appellant burglarized a house occupied and controlled by Maximo Olivarez on or about July 8, 1963. A prior conviction on June 21,1960, in the same court, for burglary was alleged for enhancement purposes.

The state’s evidence, including the testimony of Maximo Olivarez, two of appellant’s companions who remained in the car, and the confession of the appellant, established that appellant and two of his several companions broke into Olivarez’s place of business and stole 5 or…