Greer v. State

OPINION

ONION, Judge.

The offense is burglary with the intent to commit arson; the punishment, 3 years’ confinement in the Texas Department of Corrections.

Appellant’s first ground of error challenges the sufficiency of the evidence.

To constitute burglary the entry must be with the intent to commit a felony or the crime of theft. Article 1389, Vernon’s Ann.P.C. The intent, therefore, is an essential element to the offense of burglary and must be proved in order to sustain a conviction for burglary. 4 Branch’s Anno.P.C., 2d ed., § 2520, p. 839. Further, the specific intent alleged must be proved…