SMITH v. STATE

No. 42935.

455 S.W.2d 282 (1970)

Robert SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 10, 1970.


Attorney(s) appearing for the Case

Richard D. Naylor, Pecos, for appellant.

Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

WOODLEY, Presiding Judge.

The offense is burglary; the punishment, 4 years.

Trial was before a jury on a plea of not guilty. The punishment was assessed by the court.

Appellant's ground of error Nos. 3 and 4 present the contention that the evidence is insufficient to sustain the conviction.

Viewed from the standpoint most favorable to the jury's verdict, the evidence reflects the following:

On July 10, 1969, the prosecuting...

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