Smith v. State

OPINION

JACKSON, Commissioner.

Appellant and Nelson Eddy Smith were jointly indicted and tried before the court without a jury for burglary with intent to commit theft, on pleas of not guilty. Both were convicted. The punishment for Vaughn Smith was set at two (2) years, and for Nelson Eddy Smith at five (5) years.

Appellant raises as his only ground of error, stated in different ways, the insufficiency of the evidence.

Stated in summarized form, the evidence showed that:

Raymond L. Burdett, Jr., owned a house on Lake Travis in Travis County, which he used only occasionally. The house was kept…