Hall v. State

OPINION

HUMPHREYS, Justice.

The plaintiff-in-error, Herman Hall, was indicted for first degree burglary with intent to commit larceny. He was tried and found guilty of an attempt to commit a felony, with punishment fixed at not more than four (4) years in the penitentiary.

The Court of Criminal Appeals affirmed the judgment of the trial court. This Court granted certiorari for the purpose of stating, definitively, the effect of certain fact situations in burglary cases.

The facts pertinent to our purpose are that Hall was apprehended by a neighbor of George Williams, who saw him breaking into the…