Elliott v. State

MARTIN, Judge.

Offense burglary, penalty two years in the penitentiary.

A building was burglarized and a quantity of paint taken. Appellant and one Tom Seale were apprehended in the vicinity of the building and in close proximity to a quantity of paint, some of which was identified as having come from the burglarized premises. At the time of such apprehension Tom Seale was handling this paint. His car stood nearby. Appellant did not handle the paint and there was no direct testimony that he broke into the house or was actually present when same was burglarized. The state depended mainly upon…