Young v. State

BAKER, Justice.

Appellant, Byron Jay Young, was convicted of the offense of burglary of a habitation and assessed 25 years’ confinement by the jury. He appeals on three points of error as follows: (1) there was insufficient evidence to prove appellant committed a burglary; (2) there was insufficient evidence to prove appellant had the intent to commit theft; and (3) the court improperly denied appellant’s request for a charge on the lesser included offense of criminal trespass. We sustain points of error one and two, reverse the judgment of the trial court and render a judgment of acquittal.

App…