Prescott v. State

OPINION

TEAGUE, Judge.

Appeal is taken from from a conviction for burglary of a habitation with intent to commit the felony of rape, V.T.C.A. Penal Code, Section 30.02(a)(1), (d)(1). Trial was before the court on a plea of not guilty and punishment was assessed at 35 years’ con finement in the Texas Department of Corrections.

In appellant’s second ground of error, he contends the evidence is insufficient to support the conclusion that he intended to commit the felony of rape.

Sec. 30.02, P.C., provides in part that a person commits the offense of burglary of a habitation if, without the effective…