
    FELDER v. STATE.
    (No. 5983.)
    (Court of Criminal Appeals of Texas.
    Nov. 24, 1920.)
    Burglary <&wkey;41 (3) — Evidence held to sustain conviction of shootjng into dwelling with intent to kill.
    Evidence that accused in the nighttime fired into a private residence containing an occupant and accused’s declarations at time the shots were fired held, to sustain a conviction for burglary by discharging firearms into a dwelling with intent to kill, although accused denied such intent.
    Appeal from' District Court, Brazos County; W. C. Davis, Judge.
    James Felder was convicted of burglary, and appeals.
    Affirmed.
    Alvin M. Owsley, Asst. Atty. Gen., for the State.
   MORROW, J.

The appellant was convicted of burglary.of a private residence. The entry was charged to have been accomplished by "discharging firearms into a private residence with the intent to commit a felony, namely, the murder of Dewitt Davis. The evidence shows without controversy that the appellant, in the nighttime, fired into the private residence of one Wilson, that Dewitt Davis was an occupant of the house, and the manner in which the shots were fired, as well as the state’s evidence showing the declarations of the appellant at the time the shots were fired, were sufficient to support the jury’s finding that the shots were fired with the intent to kill Davis. The appellant admitted shooting, but disclaimed any intent to kill. He claimed that his purpose was to frighten the occupants of the house. The issues were submitted to the jury in a charge to which no objections were addressed; no bills of exceptions appear complaining of the rulings of the trjal court; the indictment conforms to the law; the evidence is sufficient; and the judgment must be affirmed.

It is so ordered. 
      <&wkey;For other cases see same topic arid KEY-NUMBER in all Key-Numbered Digests and Indexes
     