Weatherred v. State

BAKER, Judge.

The appellant was indicted and convicted, in the district court of Hill County for the offense of burglary and his punishment assessed at confinement in the penitentiary for a term of two years.

The indictment in this case charges nighttime burglary. The court charged the jury relative to nighttime burglary. The record discloses that the appellant was charged with burglarizing a certain bank in said county at Osceola, “unlawfully by force, threats, and fraud, and at night, break and enter a house, etc.” Upon this indictment, the court charged the jury among other things as…