Swain v. State

OPINION

WILLIAM J. CORNELIUS, Commissioner.

Appellant was convicted of burglary of a habitation. Punishment, enhanced pursuant to V.T.C.A., Penal Code, Section 12.-42(d), was set at life imprisonment.

At about 11:45 p.m. on August 15, 1975, residents who lived near the house in question observed an automobile stop under a street light. They then saw two men leave the automobile and walk up the street north bound. The men then crossed the street to the west and disappeared down a driveway adjacent to the residence in question. As they walked along the street, one of the men was seen carrying…