EAGAN v. STATE

No. 42595.

451 S.W.2d 514 (1970)

David EAGAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 4, 1970.


Attorney(s) appearing for the Case

George T. Ellis, Houston, for appellant.

Carol S. Vance, Dist. Atty., and James C. Brough and Ted Hirtz, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The offense is burglary of a private residence at night with the intent to rape. The punishment, enhanced under Article 63, Vernon's Ann.P.C., is life.

In his first ground of error, appellant challenges the sufficiency of the evidence.

The complaining witness testified that about 9:30 p. m. on January 1, 1968, she was alone in her house preparing for bed. Returning from her bedroom to her living room, she saw the...

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