Mack v. State
Mack v. State
Opinion of the Court
OPINION
The conviction was for the offense of burglary; the punishment, enhanced under the provisions of Article 63, Vernon’s Ann.P.C., by two prior burglary convictions, life imprisonment.
The only ground of error urged is the insufficiency of the evidence. More specifically appellant argues “That failure on the part of the State of Texas to show when your appellant’s prints were imprinted on the window inside the building constitutes substantial error in that the existence of the prints failed to prove that your appellant committed the crime for which he is charged.”
The appellant’s fingerprints were found on broken pieces of glass inside of the building close to a window where entry was made. The appellant testified that he had been on these premises close to the same window the day before the burglary, while he was talking to a salesman about buying his automobile.
The owner of the building testified that certain personal property was missing and that the appellant did not have permission or authority to enter the burglarized building.
The appellant, testifying in his own behalf, made certain explanations of his presence in that vicinity, but denied that he had broken into the building.
Proof of the prior convictions was prop erly made.
The jury’s verdict resolved the disputed issues.
The evidence is amply sufficient to sustain the appellant’s conviction.
The judgment is affirmed.
Opinion approved by the Court.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.