Duke v. State

CALHOUN, Judge.

The offense is burglary; the punishment, 2 years in the penitentiary.

The state relied for a conviction solely upon evidence of possession by appellant of some of the fruits of the crime. A grocery house belonging to the Mayfield Grocery Company at Long-view, Texas, was burglarized on or about the 19th day of September, 1932. It was entered somewhere between Saturday afternoon, when it was closed up, and the following Monday morning. The walls of the building were of sheet iron, the floor of the building being some distance from the ground, but the sheet iron on the walls…