Parker v. State

PRENDERGAST, Judge.

—Appellant was correctly indicted for burglary in two counts—the first charging that he burglarized the house of J. Sidney Smith, without otherwise describing the kind of house; in the second count he was charged with burglarizing the house of said Smith, correctly, under the statute, charged to have been the private residence of said Smith.

The court submitted both counts under separate and distinct complete charges. The* charges were full, clear and apt. The jury convicted appellant under the first count and fixed his penalty at the lowest time—two years in the…