Ellis v. State

DAVIDSON, Presiding Judge.

This conviction was for burglary of the house of one Matt, Boach, the punishment being assessed at two years confinement in the penitentiary.

The indictment charged appellant did by force, threats and fraud break and enter a house occupied by Matt Boach. Matt Boach and his wife testified in the case,' and the effect of their testimony is that Matt Boach himself was away performing his duty on a railroad train at the time the burglary occurred. His wife testified that about 4 or 5 o’clock in the evening she dressed, locked the house, went away, and did not return until…