Friga v. State

OPINION

DALLY, Commissioner.

The conviction is for burglary of a private residence at night with intent to commit rape; the punishment, ten years imprisonment.

The appellant’s first and ninth grounds of error complain that there is insufficient evidence to sustain the defendant’s conviction because there is no evidence showing the appellant’s specific intent to commit rape prior to and at the time of the burglary.

The complainant, twenty-four year old Kathy Duff and her two and one-half year old daughter, lived in a private residence in Mineral Wells. On a Sunday evening, after she had retired…