OPINION
This is аn appeal from a conviction for burglary with intent to commit theft; the jury assessed the рunishment at two years.
The appellant’s sole ground of error is that the State failed to prove the ownership of the burglarized premises at the time of the burglary.
The indictment аlleged that on August 6, 1970, the appellant burglarizеd a house occupied and controlled by Rayford Fancher. The State’s evidence showed that at about 12:30 a. m., the apрellant was apprehended by two deputy sheriffs near a car parked on the рremises of a Fina service station in Mt. Enterprise, Texas. The service station was found to have been burglarized, and the appеllant was in possession of $38 cash, two chеcks belonging to the service station, some change, and a watch taken from the service station.
The appellant’s version was that he was stopped to change a flat tire, that the money was his, that he had never seen the watch until the day before thе trial, and that he was not in possession of the checks.
Relevant portions of Fancher’s testimony were as follows:
“Q Ray and Jim’s Fina Station. Are you pаrt owner, or the manager?
I was part ownеr here until about three months ago, and the other boy left, and bought out another station. A
“Q What capacity do you hold now, as manager of that station?
“A Yes.
“Q As manager of the statiоn, do you maintain that station and everything there is under your supervision and control ?
“A Yes, sir.
“Q In other wоrds, all of the merchandise and equipment thеre is under your supervision?
“A Yes, sir.
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“Q On or about the 6th day of August, 1970, was your place of business there locked? (Emphasis added)
“A Yes, sir.”
During direct examination, Fancher was continually questioned about “your service station” or “your placе of business.” Thus, the evidence as to ownership was as follows: (1) sometime in the past, Fancher was part owner; (2) at the time of trial he was manager and occupied and сontrolled the station; (3) he affirmatively answered questions regarding “your” station, such questions referring to the time of the offense.
We note also the following testimony by Fancher:
“Q Is this a watch that you owned, or that came out of yоur service station?
“A It came out of my service station.”
The cumulative effeсt of all the questions was to establish that Fanсher had actual control, care, аnd management of the service station оn the date of the offense. Maxey v. State, Tex.Cr.App.,
The appellant’s ground of error is overruled.
The judgment is affirmed.