Woody v. State

OPINION

ONION, Judge.

This appeal presents the sole question of the sufficiency of the evidence to sustain the allegation of “breaking” in the burglary indictment.

A storage house in the city of Amarillo owned by Carl Coffee was broken into in the early evening hours of July 31, 1968, by a person or persons unknown. Entry was obtained through a door which was “damaged slightly.” Amarillo city policeman Harold Mann and a fellow officer made an investigation that evening and before leaving “shut the door as best we could,” meaning “that we pulled it to.” Explaining there was no latch on the door…