Thurston v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

— In his motion for rehearing the appellant challenges the correctness of the court’s opinion in holding that the entry of the appellant of the boarding house of Mrs. Eaves constituted a burglarious breaking and- entry, and in support of his contention he cites the case of Edwards v. State, 37 S. W., 438. The uncontroverted and proven facts in the present instance, both in principle and practice, are contrary to the position taken by the appellant. The testimony, as detailed in the original opinion, is such as to characterize the transaction as…