Gilbertson v. State

OPINION

PHILLIPS, Judge.

This is an appeal from a conviction for the offense of burglary of a building. V.T. C.A., Penal Code, Sec. 30.02(a)(1). Punishment was assessed at five years’ imprisonment.

The evidence at trial revealed that on May 31, 1974, the Bailey Pharmacy on Villa Maria Street in Bryan was burglarized. The owner, William Bailey, testified that a typewriter, adding machine, and various drugs were taken in the burglary. On cross-examination, Bailey stated that he did not have a shotgun or a stereo component set in his pharmacy.

Officer Elvin Walker testified that in the process of…