Fitzgerald v. State

CHRISTIAN, Judge.

The offense is burglary. The indictment embraced a count showing that appellant had theretofore been convicted of the offense of burglary. Because of repetition of offenses, his punishment was assessed at confinement in the penitentiary for twelve years.

J. L. Blackwelder testified that his barn was burglarized on the 21st of October, 1939, and, among other things, a post hole digger taken therefrom. The post hole digger was traced to the possession of George Levethan in Fort Worth, who testified that he bought it from a younger brother of appellant. He testified further that…