Richards v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for burglary with intent to commit theft wherein the punishment, enhanced under Article 62, Vernon’s Ann.P.C., was assessed at twelve (12) years.

At the outset appellant challenges the sufficiency of the evidence to sustain the conviction due to the failure of the State to disprove certain exculpatory statements made as reflected by testimony of State’s witnesses on direct examination.

David Frank Johnson, the complaining witness, testified that on July 30, 1972 about 3:50 p. m. he arrived at the apartment he shared with David…