Dowling v. State

HARPER, Judge.

Appellant was indicted by the grand jury, charged with the offense of burglary. The indictment contained two counts, the second count charging night-time burglary of a private residence, the entry being made with the intent to commit theft. He was adjudged guilty, and his punishment assessed at five years confinement in the penitentiary.

There are no hills of exception in the record, all the grounds relied upon being stated in the motion for a new trial. The evidence shows the entry of the private residence of Mores Sigel, in the night-time, and the taking therefrom of certain…