Barrie v. State

OPINION

SPURLOCK, Justice.

Appellant, Clinton Barrie, was found guilty by the trial court of burglary of a building. See Tex.Penal Code Ann. sec. 30.02 (Vernon 1974). Punishment was assessed by the court at five years imprisonment. Barrie asserts, in a single ground of error, that the evidence was insufficient to support the conviction.

We reverse and dismiss.

The complainant testified he discovered that his auto salvage business had been broken into between 9 p.m. on the night of September 2, 1980, and 8 a.m. on the morning of September 3,1980. He said that the top section of a roll-around type…