Reynolds v. State, 29714
| Decision Date | 09 April 1958 |
| Docket Number | No. 29714,29714 |
| Citation | 311 S.W.2d 848,166 Tex.Crim. 83 |
| Parties | Lewis Anthony REYNOLDS, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Oren G. Phillips, Houston, for appellant.
Dan Walton, Dist. Atty., Lee P. Ward, Jr., and Thomas D. White, Asst. Dist. Attys., Houston, Leon B. Douglas, State's Atty., Austin, for the State.
DICE, Commissioner.
The conviction is for burglary with a prior felony conviction for an offense of like character alleged for enhancement; the punishment, confinement in the penitentiary for 12 years.
The state's testimony shows that the prosecuting witness, Joe Mendelovitz, owned and operated a wholesale beer and grocery business located at the coner of Jensen Drive and Pear Street in the City of Houston. On the night of August 20, 1957, Mr. Mendelovitz closed his business around 11:00 P.M. after checking to see that all windows and doors were locked. Around 4:20 A.M. the following morning Officer Ontiveros observed that a door to the building was open and upon investigation discovered that the building had been entered through the front door where a padlock had been torn off. Upon being called, Mr. Mendelovitz returned to the store around 5:00 A.M. and found that certain property and merchandise had been taken from the building, consisting of approximately twenty-five cartons of cigarettes, six boxes of cigars, five slices of ham, four pounds of bacon, a case of Jax beer and some pennies. An hour later at the police station, upon inspecting the contents of three beer cases, which consisted of cigarettes, cigars and other merchandise recovered by the police, Mr. Mendelovitz was able to identify the ham missing from his store by his handwriting on the wrapping and also a slip of paper found with the cigarettes which was in his handwriting.
The testimony further shows that on the early morning of August 21, 1957, the appellant stopped a taxi on Jensen Street and after getting in directed the driver to drive to Pear Street and stop behind the building which was burglarized. After the taxi stopped behind the building appellant got out and loaded three beer cases in the back, telling the driver that he had 'two cases of beer and some lunch meat and stuff for a picnic'. Appellant then directed the driver to take him to the San Felipe Courts. Upon arriving at the Courts appellant took the three beer cases from the car, and after setting them on the ground proceeded to drink a bottle of beer which he had taken from one of the cases, whereupon Officers Richcreek and McRea arrived at the scene and placed him under arrest.
An examination of the three beer cases by the officers revealed that one case contained twenty-three bottles of Jax beer and the other two contained five slices of ham, three pounds of bacon, a bent screw driver, and inventory slip in the handwriting of Mr. Mendelovitz and various cartons of cigarettes and boxes of cigars of the same kind and quantity as were missing from the building. A search of the appellant at the time also revealed that he had, in his pocket, 149 pennies.
The state offered in evidence certified copies of the judgment and sentence entered in the Criminal District Court No. 2 of Harris...
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