GARCIA v. STATE

No. 36277.

373 S.W.2d 744 (1963)

Homer D. GARCIA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 22, 1964.


Attorney(s) appearing for the Case

No attorney on appeal for appellant.

R. L. Lattimore, Dist. Atty., Oscar B. McInnis, Asst. Dist. Atty., Edinburg, and Leon B. Douglas, State's Atty., Austin, for the State.


DICE, Commissioner.

Attempt to commit burglary is the offense; the punishment, two years.

The state's evidence shows that on the night in question city officers Gonzales and Meadows were on routine patrol duty in the city of McAllen. While traveling east in their patrol car on Austin Avenue, Officer Gonzales, with the aid of a spotlight, saw a man in an alley a block and a half away, standing by a large dumpster (a metal trash container). They then proceeded...

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