DAVIS v. STATE

No. 44088.

474 S.W.2d 466 (1971)

John Wayne DAVIS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 18, 1972.


Attorney(s) appearing for the Case

Melvyn Carson Bruder, Dallas (Court appointed), for appellant.

Henry Wade, Dist. Atty., John B. Tolle and Robert T. Baskett, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for burglary with intent to commit theft. The punishment was assessed by the court at five years.

The sufficiency of the evidence is challenged.

The record reflects that the service station was locked up at 10:00 o'clock at night and it had been entered without the consent of the manager. Officer Gowin of the Dallas Police Department testified that he was working in the Oak Cliff...

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