White v. State

KRUEGER, Judge. —

Appellant was convicted of the offense of burglary and his punishment was assessed at confinement in the state penitentiary for .a term of two years.

Appellant’s only contention is that the evidence is insufficient to warrant and sustain his conviction. We believe that his contention is well founded.

The record shows that on the night of March 12, 1937, the Gulf Refining Company’s Warehouse in the town of Merkel was broken into and ninety gallons of Gulf Pride and Gulf Lube were taken. This oil was in one-quart, five-quart, and five-gallon cans, stacked in cartons. Appellant…