Houston v. State

OPINION

ROBERTS, Judge.

The offense is burglary with intent to commit theft; the punishment, five years’ confinement.

Appellant cites three grounds of error. The basic facts are not in dispute. At approximately 2:00 a. m., on March 24, 1971, a Lubbock police officer noticed the profile of a colored male inside the Ranchburger, a restaurant. The officer testified he saw a broken glass in the window on one side of the building and that he saw a colored male who by this time was lying on the floor immediately under the broken window. The officer ordered the man, whom he identified as appellant, to…