Wilson v. State

WOODLEY, Judge.

The indictment alleged that appellant attempted to break and enter a house occupied by one Vern Hickey, without his consent, with intent to fraudulently take property from said house without Hickey’s consent.

The punishment, enhanced by a prior conviction for felony theft, was fixed by the court at four years in the penitentiary, the maximum punishment for attempted burglary.

There is no statement of facts.

Bill of Exception No. 1 certifies that the state relied upon circumstantial evidence; that the defendant did not testify; that Vern Hickey testified as a witness, but that said…