435 S.W.2d 160 | Tex. Crim. App. | 1968
OPINION
The conviction is for burglary. The punishment was assessed by the trial court at twelve years.
The first ground of error is that the evidence is insufficient to support the conviction.
The appellant did not testify or offer any testimony in his behalf.
The evidence is sufficient to sustain the conviction.
Appellant’s second ground is that the trial court erred in overruling his motion for new trial alleging the absence of Sonny Rountree, the person allegedly with appellant at the Heard house, and a material witness for whom a subpoena had been issued.
There is no showing as to the diligence exercised to serve the subpoena. .No motion for a continuance was sought by the appellant. The second ground of error is overruled.
The judgment is affirmed.