Coleman v. State

OPINION

DOUGLAS, Judge.

Appellant was convicted for the offense of burglary with intent to commit theft *824under the former Code. His punishment was assessed at five years.

The brief in the present case was filed late and will not be considered under Article 40.09, V.A.C.C.P. See Vale v. State, 491 S.W.2d 671 (Tex.Cr.App.1973), and Stembridge v. State, 477 S.W.2d 615 (Tex.Cr.App.1972). In view of the dissenting opinion, his complaint will be discussed to show that error, if any, was harmless.

The record in this case reflects that at about one o’clock in the morning an officer who was some…