Browning v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was convicted of burglary of a habitation and after proof of one prior conviction his punishment was assessed at twenty years’ confinement. The trial court in its charge on guilt/innocence instructed the jury that, “Our law provides that the act of breaking and entering at nighttime raises a presumption that the act was done with the intent to commit theft. Such presumption is rebuttable.” Appellant’s objection to this portion of the charge was overruled. In an unpublished opinion the Dallas Court of Appeals held…