Hobbs v. State

Gould, Associate Justice.

Under our statute the punishment of burglary varies with the character of the house, *354the degree of force used, and the circumstances of the case. “When the house entered is not a dwelling-house,” the punishment is confinement in the penitentiary not less than two nor more than five years ; but if it be a dwelling-house, the term is not less than three nor more than ten years. (Paschal’s Dig., art. 2366.) If after entry the offense of theft be committed, the punishment is not less than two nor more than seven years in the penitentiary. (Paschal’s Dig., art. 2369.)…