Markham v. State

OPINION

CLARK, Justice.

Appeal is taken from a conviction for burglary of a habitation, a first degree felony. Tex.Penal Code Ann. § 30.02(a)(3), (d)(1) (Vernon 1974). The punishment, enhanced by proof of prior felony convictions, was assessed by the jury at imprisonment for life. Tex.Penal Code Ann. § 12.42(d).

The record states that on October 17, 1978, at 8:00 in the morning, an eyewitness, David Wills, observed the appellant carrying a television set from the apartment of Wills’ next door neighbor, Barbara Spencer. Wills called the police; and after he gave a description of the suspect,…