Escarino v. State

HAWKINS, Judge.

Conviction is for burglary; the punishment having been assessed at five years in the penitentiary.

The indictment contains two counts — the first charging a nighttime burglary of a private residence; the second charging ordinary burglary. The court submitted to the jury the second count only.

One proposition upon which appellant presents his appeal is that the evidence does not support the conviction. The evidence for the state shows that Mrs. Simmons was operating a hotel in the second story of a building situated in the city of El Paso. A stairway led up into a hall from which…