Trevino v. State

254 S.W.2d 788, 158 Tex. Crim. 252, 1952 Tex. Crim. App. LEXIS 1399

• Court: Court of Criminal Appeals of Texas
• Decided: December 3, 1952
• Docket: 26065
• Status: Published

Opinions

GRAVES, Presiding Judge.

The offense is burglary. The punishment is assessed ¿t confinement in the state penitentiary for a term of two years.

This is a companion case to No. 26,068, Trevino v. State, (Page 255, this volume) this day decided. The present cause relates to the burglary of a church at Poth, Texas, in Wilson County. The testimony in the two cases is largely the same. However, in the instant case, appellant stated in his written confession that he entered the church at Poth for the purpose of taking money out of a vigilite box which was located in said church, but when he reached this box he found that it had been previously burglarized by someone else. According to his confession, appellant entered the church for the purpose of theft, and not finding any funds in the vigilite box in the church at Poth, Texas, he immediately burglarized the church at Falls City, Texas, as shown in Cause No. 26,068, Trevino v. State.

It is worthy of note that the testimony of the priest in in charge of the church at Poth evidences the fact that there were funds in the amount of about $3.10 in the vigilite box some short time prior to the time that appellant entered the church.

Under the reasoning set forth in the companion case, No. 26,068, we hold that this church at Poth was a subject of burglary, and that the appellant’s guilt being evident and no error appearing, the judgment of the trial court is affirmed.