McCAIN v. STATE

No. 30953.

328 S.W.2d 295 (1959)

James Claud McCAIN, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 28, 1959.


Attorney(s) appearing for the Case

Baldwin & Goodwin by Joe B. Goodwin, Beaumont, for appellant.

Feagin W. Windham, Dist. Atty., James A. Morris, Asst. Dist. Atty., Orange, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Judge.

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

The evidence clearly shows that a house occupied as an office by an insurance agency was burglarized by Roy Stallworth and another, or others, on the night of March 4, 1958, entry being made through the roof, and the agency's safe being carried to a rice field and rifled.

Roy Stallworth, who pleaded guilty and was serving a penitentiary term for the burglary, testified...

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