Johnson v. State

OPINION

GREEN, Commissioner.

In a trial before a jury, appellant was convicted of burglary of a building with intent to commit theft. See Y.T.C.A. Penal Code Sec. 30.02. Punishment was assessed by the court at twelve years.

*322In his only ground of error, appellant complains of the refusal of the court, over objection, to include in his charge to the jury at the guilt stage instructions on the law of circumstantial evidence. We find such refusal to be prejudicial error, and reverse the judgment.

The record reflects that at sometime between 6:00 p. m. and 10:00 p. m. on March 28,1974, the service…