Court of Criminal Appeals of Texas March 25, 1970, No. 42675 (Wheeler v. State)

OPINION

WOODLEY, Presiding Judge.

The appeal is from a conviction for burglary, with punishment assessed at 5 years in the penitentiary.

The indictment alleged the burglary of a house occupied and controlled by Horace Alridge with intent to commit theft. Trial was before a jury on a plea of not guilty. At appellant’s option the punishment was assessed by the court.