Wright v. State

HARPER, Judge.

Appellant was indicted by the grand jury of Lamar County charged with burglary. The indictment contained two counts, one charging a daytime burglary and the other burglary of a private residence at night. The jury adjudged him guilty of burglary of a house in the daytime and assessed his punishment at two years confinement in the penitentiary.

Appellant assigns, in his motion for a new trial, the ground that the court erred “because the charge (submitting burglary in the daytime) is not supported by any evidence in that the testimony shows that if the defendant burglarized any…