Franco v. State

Citations

• 42 Tex. 276

Syllabus

<p>1. Burglary. An entrance into a house of any part of the body however small, is an entry sufficient to warrant conviction for burglary, provided that the intention be to commit a felony, and the other statutory • requisites of burglary be present.</p> <p>2. Burglary—Intent. Where the testimony showed that the accused,about four o’clock in the morning, had raised the window in the dwelling of an aged lady, and was holding it up with his hand in such a way that his fingers were within the house, his elbows resting on the sill of the window, his body outside of the house, when some of the inmates hearing the noise and approaching, he suddenly dropped the window and fled, there being valuable property in the house, and no excuse being given or other known object, such entry, and the circumstances, are sufficient from which the jury may find the felonious intent; and a verdict of guilty is supported.</p>