Bennett v. State

OPINION

MORRISON, Judge.

The offense is burglary; both appellants received an eight year sentence.

Their common ground of error No. 3 is that the court erred in admitting evidence of an extraneous offense.

Officer Hudson, when testifying about his investigation of the burglary of the cafe owned by the injured party named in the indictment, stated that he first went to a nearby filling station. Appellants immediately objected and asked that the jury be retired. This being done, Mr. Bynum, owner of the nearby filling station was called and testified that on the day of the cafe burglary, a tire tool…