Newman v. State

DAVIDSON, Presiding Judge.

Appellant was charged with burglary, in that he by force, threats and fraud broke and entered a railroad car.

The allegation of breaking is general, without specifying night or day time. Under the authorities this sufficiently charges either a daytime or night-time burglary, so far as this allegation is concerned. Except by the testimony of Clarence Pace and Mrs. Stanley there is no evidence to connect appellant with the breaking of the car or its entry. Their evidence shows beyond dispute, as we understand the force and effect of their testimony, that they were…