Lyles v. State

McDonald, judge.

The offense is burglary at night with intent to commit theft; the punishment, eight years and six months in the penitentiary.

The appellant did not take the stand, nor did he adduce any evidence. The uncontradicted facts produced by the state in evidence reflect that Jack D. McCall was employed by the victim, Bill Hale. One of McCall’s duties was to secure the building and its contents before leaving each evening. This included making sure that the windows and the doors were closed and locked securely. McCall testified to making such a security check at about 6 or 6:30 p.m., on…