Moore v. State

LATTIMORE, Judge.

Conviction for burglary of a private residence; punishment, five years in the penitentiary.

But one question seems to call for discussion. Appellant made a motion to quash the indictment upon the ground that same failed to allege that the private residence charged to have been burglarized, was occupied and “actually used” as a residence by some person named, at the time of the alleged burglary. The motion was overruled. In this we think the learned trial judge in error. Jones v. State, 50 Texas Crim. Rep. 100; Johnson v. State, 50 Texas Crim. Rep. 116; Lewis v. State, 54 Texas…