Smith v. State

CHRISTIAN, Judge.

The offense is burglary; the punishment, confinement in the penitentiary for three years.

On the night of the 21st of November, 1939, the place of business of B. C. Bunkley in Fisher County was burglarized and a quantity of merchandise taken therefrom. Mr. Bunkley recovered some of his merchandise in Dallas, Texas. Appellant was placed in possession of the stolen property only by the testimony of accomplice witnesses. According to the testimony of several of the accomplice witnesses, appellant, Mark Polk, Luke Banano, Isaac Tomerlin and E. M. Anderson committed the burglary.…