Baldwin v. State

KRUEGER, Judge.

The offense is an attempt to commit burglary with intent to commit rape. The punishment assessed is confinement in the state penitentiary for a term of 4 years.

The indictment contained two counts, one of which charged appellant with an attempt to commit burglary with intent to commit theft, and the other with intent to commit rape. The jury found him guilty under the second count.

Appellant brings forward two complaints, one relates to the court’s action in declining to submit his special requested charge and the other relates to the sufficiency of the evidence to sustain his…