McGilveray v. State

HAWKINS, Judge.

Conviction is for burglary, punishment being four years in the penitentiary.

The indictment alleged that appellant did “break and enter a house occupied and controlled by E. Rimmer” with intent to commit the crime of theft. It is appellant’s contention that the evidence fails to show a “breaking” to effect an entry to the building. Joe Lingo lived across the street from the mill which was the building claimed to have been burglariously entered. Between nine and nine-thirty o’clock at night he observed a light flashing “off and on” in the mill. Upon investigation he discovered…