Murrell v. State

KRUEGER, Judge.

The offense is burglary; the punishment assessed is confinement in the state penitentiary for a term of three years.

Appellant challenges the sufficiency of the evidence to justify and sustain his conviction. The testimony adduced by the State, briefly stated, shows that between the hours of four P. M. of May 10 and 7 A. M. of May 11, 1938, some person or persons entered a tool house of the Texas & Pacific Railroad Company, situated within the city limits of Ft. Worth, and took therefrom one cythe and two ballast forks. Henry Perry, who was in charge of the tools and tool house,…