Hopkins v. State

ON REHEARING.

March 22, 1911.

PRENDERGAST, Judge.

—By appellant’s motion for rehearing herein, he urges that the evidence in the case shows, or tends to show that the house burglarized was the residence of the witness Montgomery, “occupied and used at the time of the commission of the offense by Mattie Montgomery, as her place of residence.” He does not contend that the evidence is insufficient, under the second count, that the house burglarized was occupied by Mattie Montgomery, under articles 838-9, for the evidence clearly and without doubt establishes the guilt of the appellant under that…