Reyes v. State

HAWKINS, Judge.

Conviction is for burglary with an assessed punishment of three years confinement in the penitentiary.

The indictment alleges.that appellant by “force, threats and fraud” entered a house which was the private residence of Rose Darlington with the intent to commit the offense of theft, but fails to allege whether it was daytime or night, or that the entry was by “breaking.”

Article 1305 of the Penal Code defines burglary of a private residence to be the entry thereof by force, threats or fraud at night, or the entry thereof in any manner either day or night and remaining concealed…