Summers v. State

HENDERSON, Judge.

Appellant was indicted under article 849, Penal Code, for an attempt to burglariously break and enter a “boxcar” owned and occupied by one Gillette, etc. Appellant raises the question as to whether or not, there can be an attempt to burglarize a railroad car. It will be noted in this connection that article 851 (chap. 7), Penal Code, defines the substantive offense of breaking and entering a “railroad car,” with intent to commit a felony, fixing the punishment for such offense at confinement in the penitentiary not less than two nor more than five years. This article, as to…