Wesley v. State

DICE, Commissioner.

The offense is attempted burglary; the punishment, enhanced under Art. 63, Vernon’s Ann.P.C., by reason of two prior convictions for felonies less than capital, life imprisonment.

The state’s evidence shows that the prosecuting witness, Marion S. Carnes, owned and operated a cafe in the city of Dallas, located at 600 West Davis and known as “Naylor’s Drive-In.”

On the night of October 14, 1963, Carnes closed the place around 9:30 p. m. Later in the night, as Officer R. M. Williams was traveling on Davis Street near the drive-in he observed a person at the side of the…