Carey v. State

OPINION

ONION, Judge.

The offense is burglary with intent to commit theft; the punishment, five years’ confinement in the Texas Department of Corrections for each appellant.

The indictment jointly charged the appellants Carey 1 and Brager, Earnest Charles Gardner and Richard Arterberry. Gardner pled guilty, Arterberry was granted a severance and the appellants were jointly tried and convicted from which conviction this appeal is taken. It does not appear that the two appellants (who were cousins) ever sought a severance.

Initially, appellants challenge the sufficiency of the evidence to sustain…