Gordon v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for burglary with the intent to commit theft where the punishment was assessed by the court at 12 years following a jury verdict of guilty. 1

The sufficiency of the evidence is not challenged and a recitation of the facts is not deemed essential.

Initially, appellant complains he was denied a fair trial because he was illegally restrained by the sheriff between September 8, 1969, and the date of the trial, November 24, 1969, in violation of the court’s order.

Appellant contends that on September 8, 1969, he announced ready for…