O'Mary v. State

LATTIMORE, Judge.

Conviction for burglary of a railroad car; punishment, two years in the penitentiary.

Appellant complains of the lack of testimony to show that he burglarized a railroad car, that being the allegation in the indictment. We find in the testimony of Brooks where he specifically refers to the car as a railroad car. The fact that he was an accomplice would make no difference. H. R. Church was the alleged owner of said railroad car, and the testimony shows that he was the agent at Sherman of the Texas & Pacific Railway Company, and that a certain train, in charge of a certain…