Stallworth v. State

MORRISON, Presiding Judge.

The offense is burglary; the punishment, 10 years.

We are met at the outset with appellant’s contention that the state failed to prove the lack of consent of the owner to the entering and the taking of the goods from the alleged burglarized premises.

The witness Palmer testified that he was the manager for the American National Insurance Company at Orange and that the building in question was under his care, custody and control, and yet was not asked and did not testify that the entry and subsequent taking was without his consent. We have searched this record in vain…