Hanes v. State

WOODLEY, Judge.

The offense is attempt to commit burglary; the punishment, two years.

About 1:45 A.M., R.D. Arthur, of the Denison Police Department, was making a patrol check of business places. He saw two men at the rear door of Clay’s Drive-In Grocery “up against the door.” The men “ducked down” behind a compressor and some pop bottle cases.

The patrolman left his car and went behind the store trying to locate the men he had seen. He went on to the railroad track behind the store and stopped, looking both ways. He heard a noise in the grass and weeds on the side of the track, and saw someone…