Smith v. State

OPINION

MORRISON, Judge.

The offense is attempting to commit burglary with'intent to commit theft; the punishment, four (4) years.

A Houston resident was aroused late at night by someone beating and tearing on her downstairs apartment window screens. She called the police who arrived and placed the appellant under arrest. The arresting officer described the two window screens on the ground as follows: “They were bent up, appeared to be pulled, pried off the windows.” The resident identified the appellant, whose face she had seen with the aid of an outside light prior to the arrival of the police.