Phillips v. State

GRAVES, Judge.

Appellant was convicted of the offense of burglary, and sentenced to serve two years in the penitentiary.

This is the second appeal of this case, the former appeal being reported in 154 S. W. (2d) 468.

The facts herein presented are somewhat different from the facts presented in the former case, especially so do we find them to differ in the testimony of Roy Bostick. In the former case we found Mr. Bostick as the purchaser of the stove alleged to have been taken from the burglarized school house to not have been an accomplice as a matter of law, but thought that the trial court…