Ellison v. State

OPINION

MORRISON, Judge.

The offense is burglary of a private residence at night; the punishment, six years.

Appellant waived his right to a jury and the cause was heard by the court on appellant’s plea of not guilty.

In his first two grounds - of error appellant challenges the sufficiency of the evidence to sustain the conviction specifically for failing to show an intent to commit the crime of theft and for failing to show an entry at night.

The State’s evidence showed that several San Antonio police officers received a dispatch at 7:30 p. m. to respond to a report of “burglars entering a…