Foster v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

In the light of the able motion for rehearing filed by appellant, we have again examined the record. The witnesses spoke of the house burglarized as the “home,” the “residence,” of Mr. Guffey, and we observe that Mr. Guffey testified that he lived there with his family. No testimony is found indicating that said house was other than a private residence, or that it was entered by appellant and his companions in the daytime. We have concluded that we did not correctly state in our opinion what should be the rule in such case. When the testimony shows…