OPINION
GREEN, Commissioner.
The conviction is for burglary of a private residence at night with the intent to commit rape. Punishment was assessed at 99 years' confinement.
The record reflects that between 3:00 and 3:30 o'clock on the morning of July 23, 1970, the complaining witness, a young single woman who lived alone, was awakened by a noise in her apartment.
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