Gamez v. State

DAVIDSON, Judge.

This is a conviction for burglary; the punishment, two years in the penitentiary.

The indictment contained three counts. Only the first two counts were submitted to the jury. The first count charged burglary of the house of Sawyer, under Art. 1390, P. C.; the second count charged the nighttime burglary of the private residence of Sawyer, under Art. 1391, P. C. The jury expressly found appellant guilty under the first count.

It is insisted that the facts do not warrant the conviction.

The house burglarized was the private residence of Sawyer, occupied and actually used by him as…