Schwartz v. State

DAVIDSON, Presiding Judge.

This conviction was for burglary, the punishment assessed being two years confinement in the penitentiary.

The State made out its case by two accomplices, Seibert and Williams. The evidence shows that a safe was taken out of the rear end of a saloon at night. The accomplices testified, in substance, that appellant and one of them went into the room where the safe was for the purpose of taking it out, but came back without it. That appellant went home and had no further connection with the burglary. That subsequently, during the same night, two of the confederates…