Thomas v. State

DICE, Judge.

The conviction is for burglary of a private residence at night with intent to commit theft; the punishment, 99 years.

Mrs. Mittie Hughes, the state’s prosecuting witness, lived in her residence on 4th Street in the town of Lorenzo, Crosby County. She testified that on the night of August 26, 1960, she went to bed around 11:30 P.M.; that later in the night she was awakened and heard a scraping noise “kinda like on paper”; that a person then pushed the door to her room open, jumped in bed on top of her, put his hand on her mouth and choked her; that she tried to free herself and…