Ewing v. State

McDONALD, Presiding Judge.

The offense is burglary of a motor vehicle; the punishment, two years in the penitentiary.

The record reflects that James R. McClellan, a detective of the San Angelo Police Department, was in the vicinity of the Topper Club at about 11 p. m. on November 30, 1964 when he saw appellant leaning inside the open right door of an automobile parked outside the club. When McClellan approached the car, appellant turned around and the officer saw a portable radio in his hand. Officer McClellan further testified that the right front vent window of the automobile had been broken…