Emerson v. State

DAVIDS OF, Presiding Judge.

Appellant was -convicted of burglary.

The indictment charged the commission of the offense by force, threats and fraud. The evidence discloses that the barn of the alleged owner Fail was entered at night and a saddle, blanket and bridle was taken. Appellant was seen in possession of the saddle offering to sell it at Big Springs about 270 miles west of Port Worth. The State’s theory was, and the evidence tended to sustain the theory, that this was the saddle • taken from Fail’s bam in Fort Worth. Appellant claims to have bought the saddle from a party giving his name…