Smith v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

Appellant was convicted of burglary of a habitation. The court assessed punishment, enhanced pursuant to V.T.C.A., Penal Code, § 12.42(c), at 16 years’ imprisonment.

The Court of Appeals for the 1st Supreme Judicial District reversed the judgment on the ground that the court erred in failing to grant appellant’s motion to quash the indictment for failure to allege in what manner appellant “entered” the habitation in question. 1

We have held that the act of intrusion, whether by the body or by physical object connected…