Britton v. State

KRUEGER, Judge.

The offense is burglary. The punishment assessed is confinement in the state penitentiary for a term of two years.

Appellant challenges the sufficiency of the evidence to justify and sustain his conviction of burglary.

The testimony adduced by the State, briefly stated, shows that on or about the 21st day of February, 1940, the home of Mrs. U. E. Allen was entered and a .22-caliber rifle taken therefrom. We quote from her testimony as follows: “I have no idea who went in my house. I did not give any one permission to take the gun, and it was taken from my possession without my…