WOODY v. STATE

No. 43310.

461 S.W.2d 411 (1970)

Buck WOODY, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 20, 1971.


Attorney(s) appearing for the Case

Folley, Snodgrass & Calhoun, by George A. Whittenburg, II, Amarillo, for appellant.

Tom Curtis, Dist. Atty., and Hugh Russell, Asst. Dist. Atty., Amarillo, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ONION, Judge.

This appeal presents the sole question of the sufficiency of the evidence to sustain the allegation of "breaking" in the burglary indictment.

A storage house in the city of Amarillo owned by Carl Coffee was broken into in the early evening hours of July 31, 1968, by a person or persons unknown. Entry was obtained through a door which was "damaged slightly." Amarillo city policeman Harold Mann and a fellow officer made an investigation...

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