Robinson v. State

PRENDERGAST, Judge.

Appellant was convicted of the burglary of a private residence at night and his punishment assessed at the lowest prescribed by law.

The statute describes this offense as constituted “by entering a private residence by force at night with the intent of committing á felony or the crime of theft” (art. 1305, P. C.) and article 1314, to this effect: “The term ‘private residence5 shall be construed to mean any building or room occupied and actually used, at the time of the offense, by any person or persons as a place of residence.55 The indictment was in two counts. The first,…