Bailey v. State
Bailey v. State
Opinion of the Court
The offense is burglary, with a prior conviction for the same offense alleged for enhancement; the punishment, 12 years.
W. H. Gardner’s service station, located one block from the intersection of Morrell and Denley Drive in Dallas, was burglarized sometime after closing time on the night in question; and, when notified by the police after midnight, Gardner found that a large grease gun which held 25 pounds of grease, a fitting for the gun, a pair of pliers and a wrench were missing from the building. The following day these items were returned to him by the police.
Kenneth Robbins, a young man who lived in the vicinity of the station, was on his way home on foot, at midnight that night and, according to his testimony, saw two men, one of whom he identified as the appellant, pass under the street light at the intersection of Morrell and Denley Drive carrying a large filling
Appellant, testifying in his own behalf, stated that he had been in the house at 1215 Woodview all evening and had not participated in the burglary. He admitted the prior conviction alleged for enhancement as well as other felonies and misdemeanor thefts. He stated that he had run when he learned of the presence of the police because he had some traffic tickets outstanding against him.
Appellant’s wife, as well as her mother, testified that he had not been out of the house that evening.
Appellant’s sole contention raised on appeal is that the evidence is not sufficient to support the verdict. The jury resolved the conflict in the testimony, and we have concluded that there was sufficient evidence to support its finding.
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.