Weatherly v. State

DICE, Judge.

The conviction is for burglary, with a prior conviction of an offense of like character alleged for the purpose of enhancement; the punishment, 12 years in the penitentiary.

The state’s evidence shows that the appellant was arrested while seated in his automobile, parked across the street from a building occupied by the Hancock Paint Company at the intersection of Lipscomb and Magnolia Streets in the city of Fort Worth.

The record reflects that the arrest was made around 1:30 A.M. after the appellant and his companions had been under surveillance by city detectives Baker, Hopkins,…