Williams v. State

*367OPINION

BASS, Justice.

Appellant was indicted for burglary of a habitation, enhanced by one prior felony conviction. Trial was to a jury and the court assessed punishment at eighteen years confinement.

The judgment is reversed and case is remanded for a new trial.

The complainant testified that he returned home at noon on November 16, 1981, and found the door to his apartment slightly ajar. As he entered the apartment he saw two men inside who identified themselves as building inspectors. The complainant noticed that his television set had been moved into his living room. He testified that he was…