Spears v. State

KRUEGER, Judge.

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

Appellant challenges the sufficiency of the evidence to sustain his conviction.

Leroy Nealy, Jr., testified that on the night of January 14, 1944, he and appellant went to C. R. Payne’s store located in Fort Worth, broke open a door, entered the building and took twenty-one cartons of cigarettes and some small change from the cash register; that they carried the cigarettes to the home of appellant in a large brown paper bag such as is commonly used in transporting…