Thomas v. State

OPINION

ROBERTS, Judge.

This is an out-of-time appeal from a conviction of the offense of burglary, with the punishment, enhanced by two prior non-capital felonies, at life imprisonment.

Trial was before a jury on a plea of not guilty.

James Lee Fantroy testified that on October 30, 1963 he was the owner of the Blue Monday Drive-in at 1808 North Hall Street in Dallas, Texas. At approximately 12:15, on the morning of October 30, 1963, he closed the drive-in restaurant, locking all the doors and windows. When he returned to work a few minutes before 8 a. m., he found the front door unlocked, two…