Elizalde v. State

OPINION

GREEN, Commissioner.

This appeal is from a conviction by jury verdict of burglary with intent to commit theft. Punishment, enhanced under Article 62, Vernon’s Ann.P.C., was assessed by the court at twelve years.

In his fourth ground of error, appellant complains of insufficiency of the evidence to sustain the conviction.

The record reflects the following testimony by State’s witnesses:

Mrs. Gathright testified that as she was driving to her home, in the afternoon of September 8, 1972, and just prior to getting there, she saw a car parked in her next door neighbor’s driveway, and a man,…