Riley v. State

DICE, Judge.

The offense is burglary; the punishment, 5 years.

The state’s evidence shows that the prosecuting witness, Melton McLean, owned and operated a pharmacy located at 5723 Washington Avenue in the city of Houston. On the night in question the witness closed the place around 11 o’clock P.M. after checking to see that all doors and windows were closed. Later in the night, Sergeant John W. Biggs of the Houston Police Department, in response to a call, went to the pharmacy around 1 A.M. and upon arriving saw a person inside the building whom he positively identified as the appellant. As…