Winkler v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of burglary with intent to commit the crime of theft, his punishment being assessed at two years confinement in the penitentiary.

The evidence in brief shows that the alleged owner Graff and his wife, a very aged couple, had placed in a smokehouse about thirty-five or forty yards from their residence, in a stove, quite a lot of gold, consisting of five, ten and twenty dollar gold pieces. Subsequent to the alleged burglary, and prior to the trial, Hr. Graff died. His widow testified on the trial that the house was closed. The evidence is not…