Foster v. State

This is an appeal from a conviction for the offense of burglary with intent to commit theft. Two prior felony convictions for offenses less than capital were alleged for enhancement under Article 63, V.A.P. C. The punishment was assessed at life.

The record reflects that at approximately 2:10 a. m., police officers of the City of Galveston saw Foster’s car parked near the drug store of Waylen Crawford. Three officers then saw Foster inside the store. Foster came outside and went around the corner of the building near the police car holding a paper sack in his hand. When he saw the patrol car,…