Gilbreath v. State

DAVIDSON, Judge.

This is a conviction for the burglary of a house alleged to be occupied and controlled by S. B. Starnes, with punishment assessed at two years’ confinement in the penitentiary.

Do the facts support the allegation of the indictment that S. B. Starnes was the owner of the burglarized building? There ought to be no difficulty in proving ownership of the building in a burglary case. Actual ownership is not the test; to the contrary, the person having the care, control, and management of the building at the time of the burglary is deemed in law to be the owner thereof, and ownership…