
    McGUIRE v. STATE.
    No. 15640.
    Court of Criminal Appeals of Texas.
    Feb. 15, 1933.
    Jno. T. Buckley and G. W. Lindsey, both of Longview, for appellant.
    Lloyd W. Davidson, State’s Atty., of Austin, for the State.
   LATTIMORE, Judge.

Conviction for attempt at burglary; punishment, two years in the penitentiary.

We find in the record no bill of exception complaining of any procedure upon the trial. Appellant -asked one special charge, which was given. We have examined the statement of facts, which shows without dispute that appellant was seen about 1 o’clock at night working with the lock of a building. As the night watchman approached, appellant fled. The officer, in an effort to stop and apprehend appellant, fired his pistol at him several times, and was himself fired upon by some other party from a nearby point. Investigation showed that the lock of the building was broken. A bolt cutter was found not far from the building shortly after the officer observed appellant working with the lock. A partly cut bolt located near the lock was also described. After appellant’s arrest, his shoes were taken from his feet and carried to the scene of his running away, and there fitted into the tracks of the party who fled from the officer. The testimony showed the tracks fit. Appéllant did not testify.

, Finding no error in the record, the judgment will be affirmed.  