Mattox v. State

Appellant was indicted, tried, and found guilty of burglary, and it was found that he was twenty years of age, and he was sentenced to imprisonment in the reformatory for not less than ten nor more than twenty years.

1. The sole error assigned is in overruling appellant’s motion for a new trial, and in support of his contention reliance is placed on the failure of the evidence to show an entry, and the refusal of instructions to the point that an entry with an implement which was used in the breaking, but not for the purpose of committing or aiding in the commission of the felony charged, does…