Resendez v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for the offense of burglary with intent to commit theft. Punishment, enhanced under the provisions of Article 63, Vernon’s Ann.P.C., was assessed at life.

This is a circumstantial evidence case.

Appellant contends the evidence is insufficient. We hold that the evidence is insufficient and reverse the conviction.

Sometime during the night of September 15, 1971, the office of Dr. Robert Haan was burglarized. A safe containing drugs, bonds, other papers and cash was taken.

An initial investigation by Officer Brice Petry of the El Paso police…