Duncan v. State

KRUEGER, Judge.

The conviction is for burglary; the punishment assessed is confinement in the state penitentiary for a term of two years.

It was charged in the indictment that on or about the 24th day of April, 1938, appellant by force did break and enter the City Hall of Floydada, then and there occupied and controlled by Clyde Henderson, with intent to fraudulently take therefrom corporal personal property, etc.

The State’s testimony shows that S. E. Duncan, Sr., was the City Secretary and Clyde Henderson was a Deputy Secretary. S. E. Duncan had been sick for quite a while and had not been at…