Kibbe v. State

KRUEGER, Judge. —

Appellant was convicted of the offense of burglary and his punishment was assessed at confinement in the state penitentiary for a term of two years.

Appellant has assigned a number of errors, but the only one which we deem necessary to discuss relates to the court’s action in declining to instruct the jury on the law applicable to his defensive theory.

The testimony offered by the State shows that on the night of January 6, 1937, someone broke into the public school house in the City of Beaumont and took therefrom, four typewriters. Appellant was seen in Beaumont late in the…