Giacone v. State

MORROW, Presiding Judge.

The offense is burglary; penalty assessed at confinement in the penitentiary for twelve years.

The evidence is wholly circumstantial. The facts relied upon by the state, as understood, are as follows: The building occupied by the Linn Bros. Motor Company was entered during the night of August 20, 1932. No property was taken therefrom. Three years prior to the present entry, the appellant had entered the same building and had been convicted therefor *142and served his sentence. The manner of the entry at that time is not disclosed in the present record. It is claimed that…