LYLES v. STATE

No. 33826.

351 S.W.2d 886 (1961)

Burl Eugene LYLES, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 29, 1961.


Attorney(s) appearing for the Case

O. E. Halsell, Odessa, for appellant.

Jack Tidwell, Dist. Atty., Mike Berry, Asst. Dist. Atty., Odessa, and Leon B. Douglas, State's Atty., Austin, for the State.


McDONALD, Judge.

The offense is burglary at night with intent to commit theft; the punishment, eight years and six months in the penitentiary.

The appellant did not take the stand, nor did he adduce any evidence. The uncontradicted facts produced by the state in evidence reflect that Jack D. McCall was employed by the victim, Bill Hale. One of McCall's duties was to secure the building and its contents before leaving each evening. This included making sure...

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