Casa v. State

MORROW, Presiding Judge.

The offense is burglary of a private residence at night; penalty assessed at confinement in the penitentiary for forty years.

The former appeal, which resulted in a reversal of the conviction, is reported in 67 S. W. (2d) 288.

The count of the indictment upon which the conviction is founded is that charging burglary with intent to rape.

The evidence is sufficient to show that the dwelling of J. W. Schlief was, by force and breaking, entered at night; that the entry was into the room occupied by the daughter of Schlief, who was twenty-four years of age. About two or…