Tolley v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

Appellant was found guilty by a jury of the offense of burglary of a habitation in Grayson County. See V.T.C.A., Penal Code Sec. 30.02. The jury assessed punishment of thirty five years in the Texas Department of Corrections and a fine of $10,-000.00.

Appellant appealed his conviction to the Dallas Court of Appeals alleging five grounds of error. The Court of Appeals, *335finding that the evidence corroborating the accomplice’s testimony was insufficient to support the conviction, reversed the trial court and ordered an acquittal,…