Johnson v. State

HENDERSON, Judge.

Appellant was convicted of the burglary of a private residence, at night, and his punishment fixed at confinement in the penitentiary for a term of seven years; hence this appeal.

The State’s case depended on circumstantial evidence. Prosecutor, A. Baer, lived in Tyler. On the night of the alleged burglary he and his wife had gone to church, leaving their cook and children at home. Baer left a pair of pants hanging on a chair, either in the room where he and his wife slept, or in the adjoining room. They came back from church; and the wife testified that she saw the pants…