Taylor v. State

OPINION

DALLY, Commissioner.

The conviction is for burglary with intent to commit theft; the punishment, eight years imprisonment.

The first question presented is whether the evidence is sufficient to show want of consent of the alleged owner to the entry and taking of his property.1

A review of many cases confirms the accuracy of the following quotation from Branch’s Penal Code:

“While it is not necessary to prove the owner’s want of consent to a forcible entry of his premises (cited cases omitted), yet where the burglary alleged is one with the intent to commit theft and the owner is present and…