Phelps v. State

OPINION

Before ESQUIVEL, BUTTS and DIAL, JJ. BUTTS, Justice.

This is a companion case to Markham v. State, 714 S.W.2d 93 (Tex.App.—San Antonio 1986). The offense is burglary of a vehicle. Although the facts are as related in that case, that majority decision does not control the disposition of the instant case.

While this is a circumstantial evidence case, it is also one in which the three code-fendants were kept under surveillance by police officers from the time they left a service station, where the vehicle was burglarized and a purse taken, until the time of their arrest, approximately 15…