Elliott v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of burglary and allotted two years in the penitentiary.

The State’s evidence is to the effect that the owner of the burglarized house went away and that appellant went into it and took therefrom a pistol. The State’s theory is that appellant went to the back door, removed a panel or board so he could and did remove the latch, and thus entered the house. There is evidence that the door was in the condition indicated. Appellant’s statement was that he did go to the house; that the door was partly open; that he might have “edged” through it but…