Burton v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a burglary with intent to commit theft conviction wherein the punishment, enhanced under Article 63, Vernon’s Ann.P.C., was assessed at life.

In the early morning hours of July 9, 1971, between 3 and 3:30 a. m., officers of the Lubbock Police Department received a call to proceed to White’s Auto Store located in downtown Lubbock. The burglar alarm had been tripped.

When the officers arrived, they discovered the glass had been broken out of a window of the building. Inside the building, they found the appellant Burton and one James Loggins…