Rutherford v. State

Christian, Judge.

The offense is burglary; the punishment, confinement in the penitentiary for twelve years.

The indictment embraced averments showing that prior to the commission of the present offense appellant had been convicted in the State of California of the offense of burglary.

The testimony on the part of the State was uncontroverted to the effect that on the 9th of September, 1937, appellant burglariously entered a hotel room occupied by O. T. Nicholson. Further, the proof showed that appellant had theretofore been convicted in the State of California of the offense of burglary.

In the…