Kelly v. State

Krueger, Judge.

The offense is burglary; the punishment assessed is confinement in the State Penitentiary for a term of two years.

Appellant’s first contention is that the evidence is insufficient to warrant and sustain his conviction in that the testimony of the accomplice witness, Jay Smith, was not corroborated on material matters connecting him with the commission of the offense. The testimony adduced by the State, briefly stated, is as follows:

Ed Shulman testified that on the night of December 20, he closed his place of business about 2:30 A. M. of the 21st. That during the night after he…