Bates v. State

DAVIDSOH, Presiding Judge.

There were two counts in the indictment; the conviction, however, was obtained under the first, which charged generally burglary by breaking and entering a house. The facts show that it was the property of the alleged owner, Mrs. Means, but it was unoccupied as a family residence, she having removed from Sherman to Dallas. The court instructed the jury, in a general way, that if defendant entered the house by force he would be guilty. The second count in the indictment alleged a night-time burglary, but this was not submitted to the jury. The court further instructed…