Morgan v. State

KRUEGER, Judge.

The offense is burglary. The punishment assessed is confinement in the penitentiary for a period of two years.

Appellant brings forward a number of complaints. The first is that the court erred in declining to peremptorily instruct the jury to return a verdict of not guilty on the ground that the evidence is insufficient to justify and sustain a conviction.

The record reflects that at the time in question Harry V. Leonhardt owned a two-story building located at 4526 Bryan Street in the City of Dallas. He used the ground or lower floor in which to conduct a cafe, while he and his…