Shaffer v. State

KRUEGER, Judge.

The conviction is for burglary. The punishment assessed is confinement in the State penitentiary for a term of two years.

The indictment charged an ordinary burglary under Art. 1390 P. C. The facts clearly show that the premises burgalrized were the private residence of the injured person and that the entry was made at night. Under such state of facts, the offense is night time burglary of a private residence under Art. 1391, P. C. and is not an offense under Art. 1390 P. C. Burglary of of a private residence at night time is a separate and distinct offense from burglary…