GRAVES, Presiding Judge.
Appellant was charged by indictment with the burglary of a house occupied and controlled by K. O. Ellington for the purpose of committing theft therein. On the trial before a jury he was convicted and awarded a penalty of two years' confinement in the state penitentiary.
The facts reflect that on the date in question Mr. Ellington was the Superintendent of the Public School in Melvin, McCulloch County, Texas, and lived about seventy...
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