Cummings v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of burglary and allotted two years in the penitentiary.

Possession of the burglarized house was alleged to be in Aubrey Evans. This possession is attacked by appellant as being insufficient in law. Evans was a discharged soldier and was occupying the house for a few days, sleeping in it at night during the absence of his uncle and aunt, owners of the property. We are of opinion that under the authorities this was sufficiently his private residence to allege such possession, in a burglary of a private residence. We deem it unnecessary to discuss…