Hines v. State

OPINION

MORRISON, Judge.

The offense is attempted burglary with two prior non capital convictions alleged for enhancement; the punishment, life.

The sufficiency of the evidence is challenged. The allegedly injured party testified that after midnight on Halloween night he was in his garage and observed a man, whom he later identified as appellant, at a door of his house with a hand on the door. At this time, he turned on the light, and the appellant fled. We need not pass upon the one man lineup identification of appellant, because we find the evidence insufficient to support the jury finding…