Brown v. State

HENDERSON, Judge.

Appellant was convicted of burglary, and his punishment assessed at five years confinement in the penitentiary; hence this appeal.

Appellant assigns as error the action of the court in striking out his plea of former jeopardy. The indictment charged an ordinary daytime burglary. Appellant's plea sets out an indictment which attempted to charge burglary of a private residence, under article 839a, Penal Code,— an amendment by the Twenty-sixth Legislature (see Acts Twenty-sixth Legislature, page 318), which makes burglary of a private residence by force, threats, or fraud at…