Walters v. State

OPINION

ROBERTS, Judge.

Appellant was convicted of burglary; two prior convictions for felonies less than capital were used for enhancement, under Art. 63, Vernon’s Ann.P.C., and punishment was assessed at life. The conviction was affirmed in 398 S.W.2d 569 (Tex.Cr. App. 1966). However, appellant was granted an out-of-time appeal, and the entire record is now before this Court.

Appellant raises two grounds of error.

The record reflects the following testimony: in the early morning hours of February 1, 1964, a woman who lived next door to a cafe observed a man take the screen off .the window of…