Hawthorn v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of burglary, his punishment being assessed at seven years confinement in the penitentiary.

The indictment contains two counts, one charging burglary of a private residence, and the other charging burglary in the ordinary form. The jury convicted under the first count.

1. The first bill of exceptions is reserved to the refusal of the court to sustain the motion to require the State to elect upon which count a verdict would be asked. As before stated, the jury convicted upon the first count, which charged burglary of a private residence. The case…