Brown v. State

Krueger, Judge.

The offense is burglary of a private residence in the nighttime with intent to commit murder; the punishment assessed is confinement in the State Penitentiary for a term of ten years.

Appellant’s main contention is that the evidence is insufficient to warrant and sustain his conviction. The testimony adduced by the State, briefly stated, shows that on the 8th day of January, 1938, about 9 P. M. appellant, his mother, and one Robert Green, who were negroes, drove up to a filling station owned by Walter Bram and asked for permission to change a tire upon the cement floor of the…