Isaac Preston v. State Texas

The testimony of the state reflects the following: On July 16, 1968 a money pouch and a.38 caliber pistol were taken in the burglary of a Texaco service station located on Westheimer belonging to Frank Turner. On August 27, 1969 after midnight, as David Philley and Mark Wood were traveling along Voss Road, Wood saw a person standing in the doorway of an Enco station on Voss Road, and as they went by the person ran off. Wood and Philley circled back and parked across the street where they noticed a partially opened door at the back of the station. They turned their bright lights on the door, and the door closed. Also, they noticed a large screwdriver stuck in the door of the station where they had first seen the person running and a 1959 Pontiac automobile parked on the lot in front of the station with the doors slightly open, the keys in the ignition, and gloves, screwdrivers and crowbars laying around on the inside of the car. Philley then asked a passing motorist to notify the police while Wood watched the station. When the police came, they arrested two men, one of whom was identified as the defendant, Isaac Preston. Officer J. J. Schielack of the Houston Police Department testified that on August 27, 1968 he arrested the appellant and another man who were hiding in a restroom at an Enco station on Voss Road and that he recovered from the appellants automobile a blue bank bag containing $27.00 and some odd cents and two pistols, one of which was a.38 caliber Smith and Wesson pistol bearing serial number C-500838. This pistol was introduced into evidence and marked as States Exhibit No. 3. Schielack further testified that he traced the pistol and found it was taken in a service station burglary on Westheimer.