Hopkins v. State

PRENDERGAST, Judge.

—The appellant in this case was indicted for burglary with intent to murder. The indictment was in three counts. The first charged an assault with intent to kill; the second charged burglary at night with intent to kill, under article 838, Penal Code; the third charged burglary at night of a private residence with intent to kill, under article 839a, Penal Code. After all of the evi-. dence was in the court by its charge expressly withdrew the first and third counts in the indictment from the jury, and charged them only on the second. Appellant was found guilty and his…