Torres v. State

OPINION

WOODLEY, Presiding Judge.

The offense is burglary; the punishment, 12 years.

The indictment alleged burglary of a house occupied and controlled by Roy A. Vannoy on or about March 26, 1966.

The state’s evidence reflects that Mr. Vannoy was nightwatchman and, as such, in custody and control of the building and *742all property of the White House Department Store in El Paso while on duty.

He came on duty at 1 A.M. on March 26, 1966, and shortly thereafter checked the store and found it completely secured. He checked the store again, starting on the third floor, at 2:30 A.M. and found that the…