Montgomery v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of burglary, his punishment being assessed at two years confinement in the penitentiary.

It is contended that the court erred in not charging on the law applicable to circumstantial evidence. We are of opinion that this point is not well taken. The State’s witness testifies positively that he went into the room known as the freight depot in the town of Liberty somewhere after eight o’clock p. m. and found appellant in there with his shoes off; that when he, witness, went in he carried a light and appellant rose from behind some boxes where he…