Crawford v. State

HAWKINS, Judge.

Conviction is for burglary; punishment assessed at two years in the penitentiary.

The indictment charges that appellant broke and entered a house occupied and controlled by Juan Samanigo with the intent to steal therefrom property belonging to Samanigo, and negativing by proper averments want of consent. It charged an ordinary burglary. Appellant advances the proposition that the evidence shows that if the house was burglarized it was the private residence of Samanigo and was entered in the night time, and that conviction for burglary of a private residence at night can not be…