Franklin v. State

OPINION

McDonald, judge.

The offense is burglary of a private residence at night; on a plea of guilty the jury assessed punishment at 15 years confinement in the Texas Department of Corrections.

Notice of appeal was given prior to January 1, 1966.

At about 12:15 a.m. on the morning of May 21, 1965, Annette Dove returned to her residence in Amarillo after attending classes at Canyon, Texas. She entered her home, turned on the light and realized that someone was in the other room. She began screaming and a man rushed toward her. After a brief scuffle Annette’s sister was awakened by the noise and…