Alinis v. State

HARPER, Judge.

Appellant was indicted, charged with the offense of burglary, that he entered the house by force with the intent to steal. He was convicted and sentenced to two years’ confinement in the penitentiary, from which judgment he has appealed to this court.

The appellant contends that the facts show that the house burglarized was a private residence and as the burglary was committed in the night-time he should have been prosecuted under article 839a instead of article 838. It has been held by this court that the offense denounced in article 839a is a separate and distinct offense, and…