Marinez v. State

OPINION

NYE, Chief Justice.

This is an appeal from a conviction of burglary of a habitation, under Sec. 30.-02(a)(1) Tex. Penal Code Ann. (Vernon 1974). The indictment alleged that appellant entered a habitation with the intent to commit rape. The evidence shows that appellant committed the offense of rape after entering the habitation. The jury found appellant guilty and assessed punishment at five years in the Texas Department of Corrections.

Although appellant challenges the sufficiency of the evidence in his third ground of error, only a brief review of the facts is necessary. The…