Davidson v. State

LATTIMORE, Judge.

Appellant was convicted of burglary m the District Court of Brath County, and his punishment fixed at two years confinement in the penitentiary.

The indictment contains two counts, one alleging occupancy of the house in W. L. Hunt, and the other in C. A. Hunt.

It was held in Pyland v. State, 33 Tex. Crim. Rep., 382, that an allegation of occupancy alone is sufficient.

Appellant made a motion for continuance, because of the absence of the witnesses Fincher and Lewallen, which was overruled. Fincher appeared and testified, and the diligence used to obtain the testimony of Lewallen…