Ross v. State

OPINION

DALLY, Commissioner.

The conviction is for burglary with the intent to commit theft; the punishment, eight years imprisonment.

The indictment charges that the appellant “did by force, threats and fraud, break and enter a house ...”

The jury was not charged on the theory of burglary alleged in the indictment, that it was committed by force, threats, fraud, or breaking and entering, but only authorized the appellant’s conviction if the appellant “did then and there enter a house then and there occupied and controlled by M. J. Sparks at night or in any manner enter a house then and there…