Holmes v. State

PRENDERGAST, Judge.

Appellant was convicted of burglary and his punishment fixed at three years in the penitentiary. The indictment was filed November 15th and he was tried December 16, 1912. The uncontradicted testimony shows that the depot building of the Missouri, Kansas & Texas Bailway Company at Alba, in Wood County, was burglarized on the night of August 8, 1912. W. L. Mathis was the agent of the said railway company at said point and as such he had the actual possession, charge and control of said depot at the time it was burglarized and it was so burglarized and certain property stolen…