Robles v. State

Ever since the successor to an Old Code article was amended by Acts 1876, 15th Leg., ch. 139, p. 231, 8 Gammel’s Laws 1067, the common understanding of this kind of burglary has been that which the court found in Simms v. The State, 2 Tex.App. 110 (Ct.App.1877), towit: “In other words, to enter a house with intent to steal therefrom constitutes the crime of burglary under the law as it now is ...”1

Though the opinion of the Houston (1st) Court of Appeals has now “held to the contrary,” its reason is limited to the observation that V.T.C.A. Penal Code, § 30.-02(a)(1) “does not specifically…