Cordero v. State

CHRISTIAN, Judge.

— The offense is attempt to commit burglary; the punishment, confinement in the penitentiary for four years.

The count of the indictment under which appellant was convicted charged, in substance, that appellant attempted to break and enter the house of Francisco Ortunio by cutting and tearing a window screen, with the intent to make an assault with a pistol upon the said Francisco Ortunio, which pistol appellant was unlawfully carrying on and about his person.

Francisco Ortunio, Jr., a witness for the State, testified that on the 23rd of September, 1936, he was living in the…