Sharpe v. State

OPINION

ON STATE’S MOTION FOR REHEARING

DAVIS, Commissioner.

Our Opinion on original submission is withdrawn and the following is substituted therefor.

Appeal is taken from a conviction for burglary with the intent to commit theft, with punishment, enhanced under the provisions of Article 62, Vernon’s Ann.P.C., twelve years.

Appellant contends that the evidence is insufficient to support the verdict.

Forrest Smith, Jr., testified that as he was leaving his home on Tidford Street in Houston for work on March 8, 1971, he saw a car driving slowly down the street with three persons in it which prompted…