McCann v. State

OPINION

CLINTON, Judge.

This is an appeal from a conviction of conspiracy to commit burglary of a habitation, in which the jury assessed punishment at ten years.

The evidence reveals that James Moulton, an indicted co-conspirator, was employed as a “floor mechanic,” and had been sent by his employer to the residence of Mrs. Inez Phillips in Gladewater to lay vinyl flooring in a newly constructed utility room and walk-in closet during February of 1975. As part of the job, Moulton also covered the top of a floor — level safe located in the corner of the walk-in closet with the same vinyl flooring,…