Gutierrez v. State

BEAUCHAMP, Judge.

Appellant was convicted of the burglary of a private residence in the night time; penalty assessed at twelve years’ confinement in the penitentiary.

It is further charged in the indictment that appellant had been convicted of a like offense on a former occasion and had served a term in the penitentiary. He admitted in his testimony that he was convicted of burglary in 1930 and had served nineteen months for it.

The contention is made that this was not a similar offense and that the court’s charge directing the jury as to the penalty was error. We think the former conviction for…