Trevino v. State

HAWKINS, Judge.

Conviction is for an' attempted burglary; punishment assessed being three years in the penitentiary.

The second count of the indictment, the one upon which conviction i§ based, alleges, in substance, that appellant attempted to break and enter ¡¡. “house” occupied by E. E. McBrayer with intent to, commit the offense of rape, further alleging that the attempted burglary was committed by cutting the wire screen covering a window of the house and unlatching the catch holding said screen.

The evidence upon the trial showed the attempted burglary was at night, and that the house was a…