Lynch v. State

Christian, Judge.

The offense is burglary; the punishment, confinement in the penitentiary for ten years.

The indictment charged appellant with breaking and entering the private residence of Calvin Nelson by discharging “a gun, into the said house of the said Calvin Nelson, without the consent of the said Calvin Nelson, with the intent then and there to commit a felony, to-wit, with the intent then and there to murder the said Calvin Nelson, who was then and there in said house.”

Cecil Crutcher, an accomplice witness, testified for the State, in substance, as follows: On the 4th of October,…