Walthall v. State

CHRISTIAN, Judge.

The indictment under which appellant was tried charged the offense of burglary and contained averments showing that appellant had been previously convicted of three successive offenses of like character; because of repetition of offenses, the penalty assessed was imprisonment in the penitentiary for life.

The state’s testimony showed, in substance, that the office of the American Railway Express Company at Driscoll in Nueces County was burglarized on the night of October 4, 1926; that a suit of clothes and pistol were stolen therefrom; that about the 6 of October, 1926,…