Austin v. State

OPINION

MORRISON, Judge.

The offense is burglary; the punishment, nine years.

We shall initially discuss appellant’s third ground of error which is that the state failed to show that the appellant committed the act charged beyond any reasonable doubt.

On the night in question Jon Robbins and Walter Smith drove their car into an alley behind the Day Drug store in the city of Lubbock, saw a light-colored Falcon automobile parked there and saw someone between the wall of the building and the automobile. The person fled upon seeing the Robbins vehicle and could not be located in a subsequent chase…