Herrin v. State

LATTIMORE, Judge.

Appellant was convicted in the District Court of Nacogdoches County of burglary, and his punishment fixed at two years in the penitentiary.

It is insisted that the record fails to show want of consent to the burglarious entry on the part of the alleged owner of the premises. We think the record shows both by the testimony of the alleged owner as follows: ‘1 They did not have my permission to enter that store or to take anything out of it, ’ ’ and also by the circumstances narrated as surrounding the transaction, the want of consent. Such want of consent may be shown…