Dennis v. State

PRENDERGAST, Judge.

AppellantOn was convicted for night-time burglary and his penalty fixed at two years confinement in the penitentiary,—the lowest prescribed by law.

The indictment in this case is in one count only. It alleges i in the terms of the statute, burglary at night with intent to steal. Then charges the actual theft of a single buggy harness worth $10. All the elements necessary to charge theft are specifically charged in this part of the indictment. It follows the indictment in the case of Williams v. State, 24 Texas Crim. App., 69, and Coats v. State, 31 Texas Crim. Rep., 257, and…