Windham v. State

McCORD, Judge.

Appellant has appealed from a conviction of burglary, his punishment being assessed at confinement in the penitentiary for three years.

Wyatt Windham, the appellant, together with Marion Gann, was indicted for burglariously in the night-time with a gun and pistol firing into the dwelling house of one A. G. Childress with the wilful intent with their malice aforethought to then and there kill and murder the said A. G. Childress. The appellant alone was placed upon trial resulting in his conviction as stated. From the statement of facts it appears that on the 28th day of September,…