Abernathy v. State

KRUEGER, Judge.

The appellant was tried and convicted of the offense of burglary, and his punishment assessed at confinement in the State penitentiary for a term of two years.

The indictment is in two counts, one charging burglary and the other charging theft. The facts, briefly stated, are as follows: On the morning of July 29, 1933, Mr. W. M. Lisle discovered that his granary situated about one mile west of Shamrock on highway 66 had been entered and a load of wheat taken from same. Mr. Lisle had been at the granary at 11 o’clock on the night of July 28, at which time no entry had been made…