Smith v. State

LATTIMORE, Judge.

In this case appellant was convicted of burglary in the District Court of Donley County and his punishment fixed by the jury at confinement in the penitentiary for a period of five years.

J. B. Masterson had a store in the little town of Hedley, Donley County, Texas and on the night of November 4, 1918 his store build ing was entered and an overcoat, certain quantities of silk, six pair of ladies' shoes and some ladies’ suits were taken. There,is no contest in this case of the fact that said store was burglarized and said property taken. The store had .a front and a rear door,…