Crews v. State

CHRISTIAN, Judge.

The offense is burglary, the punishment confinement in the penitentiary for two years.

It was charged in the indictment that appellant committed the offense in the daytime by force, threats and fraud, and that he “did break and enter” the house with the intent to commit the offense of theft. Among other things the court instructed the jury as follows:

“By the term ‘entry into a house’ is meant every kind of entry except one made by the free consent of the occupant, or of one authorized to give such consent. It is not necessary that there shall be any actual breaking to…