The conviction is for burglary; the punishment, twelve years.
Notice of appeal was given on July 14, 1966.
The sufficiency of the evidence to support the conviction is challenged in appellant's brief.
The testimony of the state reveals that about 5:15 a.m., December 17, 1965, two
The appellant did not testify, but called one witness, Marcus de Roin, who testified that he, alone, burglarized the garage building. He testified that he entered the building, took the pistol, and had other things stacked in the building when he noticed the police car and left the building; that as he fled he first saw the appellant walking toward the truck while the police were in pursuit; that he threw his pistol and the one he took from the building in a truck, then hid in a ditch, and saw the officers apprehend the appellant.
In appellant's brief he urges as a ground of error that:
Error is also urged on the ground that:
The court charged the jury upon the law applicable to circumstantial evidence.
The appellant did not testify, and no statement of the appellant was introduced or referred to in the evidence adduced. Appellant's only witness, Marcus de Roin, freely and voluntarily testified that he, alone, committed the offense charged. Even though he Roin's testimony admits his guilt, and shows that it is inconsistent with and excludes the guilt of the appellant, it raises no more than an issue of fact which was decided against the appellant by the jury. No error is perceived in the grounds urged as error.
Another ground presented as error is:
This contention seeks to make effective the provisions of Art. 38.17 Vernon's Ann.C.C.P., to this case. The requirements of said article, in order to authorize a conviction, are not applicable to the evidence or the offense charged in this case. No error is shown.
The jury rejected the testimony of appellant's witness de Roin, and we find the evidence sufficient to warrant the jury's finding that the appellant is guilty as charged.
The judgment is affirmed.