Morgan v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for burglary. Punishment, enhanced under the mandatory provisions of Article 63, Vernon’s Ann.P.C., was assessed by the jury at life.

At the outset appellant contends that the evidence is insufficient to support the conviction in that there is no showing that there was a breaking by force, threats and fraud.

The record reflects that officers were dispatched to the Golden Steer Food Store in Port Arthur shortly after 10:00 p. m. on September 5, 1971, as the result of the burglar alarm at said store having been activated. The officers…