Opinion
No. 9442.
Delivered November 18, 1925.
Attempted Burglary of Private Residence — Companion Case.
This is a companion case to Morales v. State, No. 9443, this day decided. The facts in the present case are practically identical with those developed in the Morales case, and which appear in that opinion, and the same disposition is called for in this case as was made in Morales' case.
Appeal from the District Court of Austin County. Tried below before the Hon. M. C. Jeffrey, Judge.
Appeal from a conviction of an attempted burglary of a private residence, penalty four years in the penitentiary.
Johnson Mattheia Thompson, for appellant.
Sam D. Stinson, State's Attorney, and Nat Gentry, Jr., Assistant State's Attorney, for the State.
Conviction is for attempted burglary, punishment being four years in the penitentiary.
This is a companion case to Morales v. State (No. 9433, this day decided). Appellant is supposed to have been the other Mexican referred to in Morales' case, and claimed by Brandenburg (an accomplice witness) to have been acting with him and Morales in the attempted burglary. The facts in the present case are practically identical with those developed in the Morales case, and which appear in that opinion. For the reasons therein stated the same disposition is called for in this case as was made in Morales' case.
The judgment is reversed and the cause remanded.
Reversed and remanded.