Holland v. State

BROOKS, Judge.

Appellant was convicted of burglary, and his punishment assessed at confinement in the penitentiary for a term of two years. The indictment contains two counts: the first alleging the house to be occupied by Rose Ehrewerth; and the second, the occupancy is alleged in Mrs. J. M. Stevens. Appellant insists the court erred in not requiring the State to elect upon which count it would rely for conviction on the submission of the testimony to the court. The court submitted only the first count, and this eliminates appellant’s complaint.

He also insists the evidence is not sufficient…