Hornbuckle v. State

MORROW, Judge.

—The conviction is for night-time burglary of a private residence. The evidence establishes the breaking 'of the house and the theft therefrom of a can of lard. It was the State’s theory that while Forsythe and his wife, the owners of the property, were attending church in the neighborhood, which church the appellant was also attending, that he left the church during the services, opened the house and got the can of lard, bringing it to a point near the arbor of the church, and subsequently the same night took it to his home, which was in the neighborhood. This theory was…