Fennell v. State

Carley, Judge.

The indictment in this case charged appellant with the offense of burglary and alleged that appellant “did unlawfully, without authority, enter into the dwelling house of Cynthia Wharton, with intent to commit a theft and a felony therein, to wit: Rape.” The1 state’s evidence showed that at about 3:00 a.m. on June 5,1980, Ms. Wharton and another were watching television in the bedroom of Ms Wharton’s dwelling when appellant — who had no authority or permission to be on the premises — pushed open the bedroom door and entered the room. Upon seeing that the room was occupied,…