Murray v. State

McMurray, Presiding Judge.

Via indictment, defendant was charged with burglary, but was convicted of criminal attempt (to commit burglary). Defendant’s motion for a new trial was overruled and he appeals. Held:

In his sole enumeration of error, defendant asserts the general grounds. In this regard, he argues that the evidence was insufficient to demonstrate that he attempted to enter the victim’s dwelling with the intent to commit a theft therein.

The evidence shows that at about 11:00 p.m. on the night in question, the victim, a female, was home alone because her husband was in the hospital.…