Love v. State

By overruling the second point of error and sustaining the first one, the majority holds that the appellant committed the act of which he was accused but that that act falls outside of the scope of TEX.PENAL CODE § 30.04. The latter part of that holding is demonstrably wrong for two reasons:(1) the majority concentrates on the title of the statute rather than the intent of the legislature, and(2) Texas precedent supports the conviction.

Title 7 of the Penal Code is entitled “Offenses Against Property.” Chapter 30 is entitled “Burglary and Criminal Trespass.” The appellant is guilty of both of…