Osborne v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Young. Tried below before Hon. A. H. Carrigan. Appeal from a conviction of burglary; penalty, two years' imprisonment in the penitentiary. No statement necessary.
1Opinion of the Court
DAVIDSON, Presiding Judge.
Appellant was convicted of bur: glary, and his punishment assessed at two years confinement in the penitentiary. ■ The indictment is in the ordinary form, and charges a daytime breaking by force, threats, and fraud. There is no allegation in the indictment that the house was a private residence. The evidence shows beyond controversy that it was a private residence; but by the Act of June 5, 1899 (Acts Twenty-sixth Legislature, page 318), article 839a was added to the Penal Code, making burglary of a private residence a separate and distinct offense from that…
2Cited by8 opinions
- Brown v. StateCourt of Criminal Appeals of Texas · 1901
- Converse v. StateCourt of Criminal Appeals of Texas · 1941
- Litchfield v. StateCourt of Criminal Appeals of Texas · 1953
- Lowery v. StateCourt of Criminal Appeals of Texas · 1916
- Gilford v. StateCourt of Criminal Appeals of Texas · 1905
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