No. 30904.

328 S.W.2d 306 (1959)

Donald Leon RILEY, alias Donald Leon Owens, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 28, 1959.

Attorney(s) appearing for the Case

Ralph Chambers, King C. Haynie, Houston, for appellant.

Dan Walton, Dist. Atty., Thomas D. White and Alex Guevara, Jr., Asst. Dist. Attys., and Leon B. Douglas, State's Atty., Austin, for the State.

DICE, Commissioner.

The offense is burglary; the punishment, 5 years.

The State's evidence shows that the prosecuting witness, Melton McLean, owned and operated a pharmacy located at 5723 Washington Avenue in the City of Houston. On the night in question the witness closed the place around 11 o'clock p. m. after checking to see that all doors and windows were closed. Later in the night, Sergeant John W. Biggs of the Houston Police Department, in response to...


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