Garcia v. State

CHRISTIAN, Judge.

The offense is burglary of a private residence at night, the punishment confinement in the penitentiary for five years.

The indictment charges that appellant entered the private residence of Mrs. J. G. Snyder at night by force, threats and fraud, with the intent to commit the offense of theft.

The sufficiency of the evidence is challenged. It was undisputed that the burglarized residence was occupied, at the time of the burglary, by Mrs. J. C. Snyder and her husband, Albert Snyder; Mrs. Snyder testified that the house belonged to her husband; that he was the head of the family,…