Anaya v. State

OPINION

DALLY, Commissioner.

The conviction is for burglary with the intent to commit theft; the punishment, five years’ imprisonment. The appellant was granted probation.

The sufficiency of the evidence is challenged in two grounds of error, and the appellant urges in another ground that a *810flashlight and a tire tool were erroneously admitted into evidence.

Allen Van Horn, a retired soldier, was awakened at approximately midnight by a “loud banging noise” which he heard several times, “like someone using a sledge hammer.” He went to the window and saw a man standing with his back to the door of…