Smith v. State

OPINION

ODOM, Judge.

Appellant was convicted, in a trial before a jury, of burglary. Punishment, enhanced under the provisions of Article 63, Vernon’s Ann.P.C., was assessed at life imprisonment.

Appellant initially contends the trial court erred in admitting over objection in-culpatory statements made to police officers at the time of arrest.

The record reflects that at 2:40 A.M. on December 21, 1971, two Dallas police officers on patrol observed appellant coming out of a hole in the shattered glass door of a service station in Dallas. Appellant fled on foot but was discovered in about twenty…