Mitchell v. State

HAWKINS, Judge.

— Conviction is for burglary; punishment being two years in the penitentiary.

The house claimed to have been burglarized was alleged to have been controlled by W. T. Fussell, and the property therein to have belonged to him.

The point is made here that the record shows no proof as to want of consent of Fussell, either as to entry of the house or to the taking of property therefrom. We have examined the statement of facts carefully in regard to this matter. Although Fussell testified upon the trial it does not appear that he was ever asked regarding his want of consent, either to…