Moray v. State

PRENDERGAST, Judge.

The appellant was indicted for burglary of a private residence by force at night with intent to commit theft, was convicted, ánd his punishment fixed at six years in the penitentiary.

The evidence showed that about 1 o’clock of the night of July 23 1910, Mrs. Caldwell and a neighbor lady were in the residence of Mr. Caldwell awaiting the return of their husbands who had gone up in town to get the returns of an election; that the neighbor lady lay down on the bed, dressed, and went to sleep; that Mrs. Caldwell and her little girl were lying on a pallet in the same room, Mrs.…