Arbuckle v. State

(dissenting). — Conviction for burglary; punishment, confinement in the penitentiary for life.

The indictment herein set out that on June 23, 1934, appellant burglarized the house of Mr. Henry. To charge him as an habitual criminal it was further alleged that in May, 1931, he had been convicted of burglary in Montague County, Texas; also that in January, 1934, he had been convicted in Baylor County, Texas, of burglary. The trial court submitted to the jury the questions as to whether they found beyond a reasonable doubt that these averments were true, and the verdict was in the affirmative,…