McDONALD, Presiding Judge.
The appellant was convicted for the offense of burglary, the punishment assessed by the jury was 10 years in the penitentiary.
The state's evidence shows that Harold Bell Payne, a taxi driver, saw a man inside a building, at 2:30 in the morning of May 19, 1964, throwing suitcases through a broken transom onto the street. Payne was also a reserve police officer and immediately called his dispatcher and told him to call the police...
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