Dykes v. State

The plaintiff in error was indicted along with his brother, who did not appeal. The conviction of the plaintiff in error was for burglary in the third degree and his sentence was fixed at the maximum of three years and one day in the State Penitentiary. This indictment and conviction was under Section 39-904, T.C.A. as found in the accumulative supplement thereof and reads thus:

“Burglary in the third degree is the breaking and entering into a business house, outhouse, or cmy other house of mother, other than dwellinghouse, with the intent to commit a felony. Every person convicted pf this…