Pacheco v. State

CHRISTIAN, Judge.

The offense is burglary of a private residence; the punishment, confinement in the penitentiary for five years.

We are unable to agree with appellant’s contention that the evidence is insufficient. William Charles Porter, the owner and occupant of the burglarized residence, testified, in substance, as follows: “On the night of November 18, 1933, he locked the doors and windows of his house. About 4:30 a. m. appellant entered his room and awakened him by feeling of his side. He attacked appellant and they engaged in a scuffle. Appellant said: “I will kill you.” Disengaging…