Kepley v. State

WOODLEY, Judge.

The offense is burglary; the punishment, two years.

The evidence offered by the state was to the effect that officers saw a .22 bolt action rifle thrown from an automobile driven by appellant; recovered the rifle, which was identified by Clint Adcock as one he had owned for twenty years and which he hung on a gun rack in a room of his house after using it to shoot *81birds the previous Sunday. He had not missed the rifle before he saw it in the possession of the officers.

Our able state’s attorney agrees with appellant’s contention that there is not sufficient evidence to sustain…