Miller v. State

Christian, Judge.

The offense is burglary; the punishment, confinement in the penitentiary for two years.

Worth Arnette owned a filling station, which was being operated on the night of the alleged burglary by Thomas Rosenberg. However, ownership and possession were alleged in Arnette. Appellant frequented the station, it being the testimony of Arnette and Rosenberg that appellant was welcome at the station when he conducted himself properly. On the 10th of May, 1938, Rosenberg kept the station open during the entire night with the exception of about thirty minutes which he used to go to a…