Kizer v. State, 39089
| Decision Date | 09 February 1966 |
| Docket Number | No. 39089,39089 |
| Citation | 400 S.W.2d 333 |
| Court | Texas Court of Criminal Appeals |
| Parties | Roy Charles KIZER, Appellant, v. The STATE of Texas, Appellee. |
J. Harlan Fleming, Fort Worth, for appellant.
Doug Crouch, Dist. Atty., Grady Hight and R. J. Adcock, Asst. Dist. Attys., Fort Worth, and Leon B. Douglas, State's Atty., Austin, for the State.
BELCHER, Commissioner.
The conviction is for burglary of a private residence at night with two prior convictions alleged for enhancement; the punishment, life.
Sam Lawson testified that on July 23, 1965, he, his wife and daughter resided in a furnished house at 5200 Vicki Street in Fort Worth which they were then and had been using and occupying for eleven years as their private residence. He further testified that he was an insurance adjuster; that as a result of a severe hail storm in Wichita, Kansas he was engaged there in his business for a short time, so he and his family went there about June 20, 1965, and lived there temporarily about two months, except for one trip home, and then returned to their residence in August, which was the only time they were away from home that year; that a daughter, Mrs. Carl Franklin, living near their residence had a key and kept close observation of it by her visits two or three times weekly and also stayed there on several weekends; that they closed and locked the house on going to Kansas but left the utilities connected and in service; that they did not give anyone their consent to break and enter the house and remove any property therefrom.
Melvin A. McBee testified that on July 23, 1965, he lived directly across a thirty foot street from Sam Lawson, and there was a street light at the street intersection; that about 11 p. m., he saw a black Studebaker, with its lights out, stop in front of the Lawson residence, and two men got out and walked along beside the Lawson house and soon returned, both carrying something which they placed in the car and drove away at a fast rate of speed. Immediately, McBee went to the Lawson residence and found a window open and an air conditioner missing, and he notified the police and gave them a description of the automobile, its occupants and the air conditioner.
Shortly after McBee notified the police, Deputy Sheriff Perez, as a result of hearing a police radio dispatch, stopped a black Studebaker occupied by two men and asked the driver if he could search the car. The appellant, identified at the trial by Perez as the driver, consented to the search and opened the trunk of the car. The search of the car revealed an air conditioner, a pillow case, piggy bank, razor, radio, and a coffee can containing cocoa. In searching where the appellant had been standing by the car, Perez found two rings, a bracelet and a necklace. On searching appellant's person, Detective Shants found a ladies' Elgin wrist watch in his trousers pocket. The property found in the trunk of the Studebaker, the jewelry found where the appellant stood by the car, and the watch found in appellant's pocket were identified by Mrs. Carl Franklin, a daughter of ...
To continue reading
Request your trial
-
Cooper v. State
...of the burglary. Since Willingham was not present, appellant contends the evidence was insufficient. We disagree. In Kizer v. State, 400 S.W.2d 333 (Tex.Cr.App.1966), at 335, we "It is contended that the evidence is not sufficient to support the conviction on the ground that Sam Lawson nor ......
-
Jones v. State
...See Smith v. State, 126 Tex.Cr.R. 226, 70 S.W.2d 595 (1934); White v. State, 166 Tex.Cr.R. 267, 312 S.W.2d 639 (1958); Kizer v. State, 400 S.W.2d 333 (Tex.Cr.App.1966). We must try to determine how closely analogous the term 'habitation' in the new Penal Code is to the phrase 'private resid......
-
McKinney v. State
...was not at the church when the burglary occurred is irrelevant. See Perkins v. State, 489 S.W.2d 917 (Tex.Cr.App.1973); Kizer v. State, 400 S.W.2d 333 (Tex.Cr.App.1966); Warren v. State, 120 Tex.Cr.R. 58, 47 S.W.2d 288 (1932); Davidson v. State, 86 Tex.Cr.R. 243, 216 S.W. 624 The judgment i......
-
Robles v. State, 488-83
...268 S.W.2d 167, 169 (1954), or in the case of a private residence that an occupant be present when it is burglarized, Kizer v. State, 400 S.W.2d 333, 335 (Tex.Cr.App.1966).5 To be sure, § 30.02(a)(3) contemplates that one who enters a structure and commits or attempts to commit a felony or ......