Sewell v. State

367 S.W.2d 349, 1963 Tex. Crim. App. LEXIS 871

Opinions

MORRISON, Judge.

The offense is burglary, with a prior conviction for felony theft alleged for enhancement ; the punishment, 12 years.

The witness Schafer, an employee of a detective agency, testified that, while on patrol at 4:00 A.M. on the night in question, he observed the rear door of a barber shop closing; that he brought his automobile to a halt and ordered whoever was in the barber shop to come out; that appellant and one Jack Broussard appeared with their hands up; and that he detained them at the shop until the police arrived in answer to his call.

Officer Walden testified that, when he arrived at the shop, he found a screwdriver which fit certain indentations made in the rear door where it had been forced open and that he took appellant and Broussard into custody.

His testimony was corroborated by that of the owner of the shop. The prior conviction was established.

Appellant did not testify but called W. L. Cole and B. W. Tilotta, both inmates of the Texas House of Corrections, who testified that they had burglarized the barber shop in question at 1:00 A.M. but had fled the scene when they thought they saw the police.

Appellant also called one Charlotte English, who testified that she had spent the evening in question with appellant and a man named Jack and that the lights on an automobile in which they were traveling went out near the barber shop in question. She stated that appellant and Jack went to look for a telephone but were apprehended by a man armed with a pistol and a flashlight, were conducted up an alley and later carried away in a patrol car.

Officer Walden was recalled in rebuttal and testified that following the arrest he drove the automobile parked near the scene, and to which he had been directed by appellant and Broussard, to the police station, that the lights worked perfectly and that he did not see Charlotte English in the vicinity.

The jury resolved what conflict there was in the testimony against appellant, and we find the evidence sufficient to sustain the conviction.

No brief has been filed on appellant’s behalf. No formal bills of exception appear in the record, and we perceive no error reflected by the informal bills.

The judgment is affirmed.