Stroud v. State

MORROW, Presiding Judge.

Burglary is the offense; penalty assessed at confinement in the penitentiary for life.

The indictment charges in substance that on the 26th of May, 1932, the appellant committed the offense of burglary. The elements of the offense, as defined in the statute, are properly embraced in the indictment.

*57In title 2, chapter 2, P. C., 1925, there is authority for the increase of penalty in a felony case less than capital where one has been previously convicted of a felony less than capital; and in article 63, P. C., 1925, it is said: “Whoever shall have been three times…