McCutcheon v. State

WOODLEY, Judge.

The appeal is from a conviction for burglary, the jury having assessed the punishment at 10 years in the penitentiary.

The state’s proof established the breaking and entry of a prescription laboratory in Houston, from which the safe containing a quantity of narcotics was removed. The safe was found where it was thrown after the knob had been “knocked” and much of the contents had been removed.

Appellant’s confession was introduced in evidence without objection, after it was shown by the testimony of the officer to whom it was purportedly made that the statutory warning had been…