Sirls v. State

OPINION

WOODLEY, Presiding Judge.

The offense is burglary; the punishment, 10 years.

Appellant pleaded not guilty before a jury to the charge of burglary and filed a motion for probation. The state offered proof that he was found in a burglarized lounge engaged in the act of breaking into the juke box. The coin operated pool table and cigarette machine had already been broken into. Appellant did not testify or offer evidence at the trial on the issue of guilt.

The jury having found appellant guilty, he elected to have the jury pass upon his motion for probation and assess his punishment.…