Opinion
No. 24181.
December 22, 1948.
1. — Evidence — Sufficient — Conviction — Sustained.
Where appellant made a voluntary confession of guilt, told the officers where to find the property taken from the burglarized premises, plead guilty, and testified, under oath, that he was guilty, the evidence was sufficient to sustain his conviction.
2. — New Trial — Motion — Evidence — Overruling Justified.
Evidence adduced on hearing of motion for a new trial justified action of the court in overruling the motion.
Burglary. Appeal from Criminal District Court No. 2 of Dallas County; penalty, confinement in the penitentiary for three years.
Hon. Henry King, Judge Presiding.
Affirmed.
Bert Ashby, of Dallas, for appellant.
Will R. Wilson, Jr., Criminal District Attorney, George P. Blackburn, First Assistant District Attorney, and Henry Wade, Assistant District Attorney, all of Dallas, and Ernest S. Goens, State's Attorney, of Austin, for the State.
The offense is burglary. The punishment assessed is confinement in the state penitentiary for a term of three years.
In this case, as in Cause No. 24,180 (Page 531 of this volume) pending in this court, appellant made a voluntary confession and informed the officers where the property taken from the burglarized premises was located; that as a result of such information, the officers recovered the same and delivered it to the owner. The record reflects that the same procedure was pursued in this case as in the case herein referred to and with the same result.
For the reasons stated in our original opinion in the case of Clinton Albert Alton v. State, in Cause 24,180, the judgment of the trial court entered in this case is affirmed.
Opinion approved by the Court.