Gardner v. State

OPINION

DAVIS, Commissioner 1 .

This is an out of time appeal from a conviction of burglary. The punishment, enhanced under Article 63, Vernon’s Ann. P.C., life.

The sufficiency of the evidence to support the conviction is challenged.

Mrs. Beulah Reid testified she locked her apartment at 2118 Travis Street, Houston, before leaving for a visit with her daughter in Lake Jackson on April IS, 1953. When Mrs. Reid returned to her apartment on April 18, 1953, she discovered that her radio, which had been there when she left, was gone. Appellant and one Bagley had been painting Mrs. Reid’s apartment,…