SMITH v. STATE

No. 43344.

460 S.W.2d 927 (1970)

John Henry SMITH, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 16, 1970.


Attorney(s) appearing for the Case

Bob Heath, Houston, for appellant.

Carol Vance, Dist. Atty., Phyllis Bell and Vic Pecorino, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the 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...

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