Miller v. State

WOODLEY, Judge.

The offense is the breaking and entry of a coin operated machine with intent to commit the crime of theft (Art. 1402a Vernon’s Ann.P.C.); the punishment, 3 years.

The statement of facts reveals the following.

Police officers McWhorter and Ford, assigned to foot patrol duties, checked the building housing Rex’s Ranch House, a cafe and beer tavern in which Sidney Julius, the prosecuting witness, had a music machine, a coin operated pool table and a coin operated pinball machine which belonged to him.

Between 2:30 and 3 A.M. they saw nothing of an unusual nature. The front door was…