Fitzgerald v. State

CHRISTIAN, Judge.

The offense is burglary; the punishment, confinement in the penitentiary for five years.

A house belonging to G. W. Sosebee was entered by breaking. The owner had a lamp and rug in the house. According to the testimony of the state this property was found in the possession of appellant. An accomplice witness by the name of Churchill testified that he and appellant burglarized the house and took the rug and lamp therefrom. It was appellant’s theory, given support in the testimony of his witnesses, that he bought the property claimed by the injured party. Appellant did not…