Jones v. State

HENDERSON, Judge.

Appellant was convicted of burglary, and his punishment fixed at five years confinement in the penitentiary. The indictments has two counts: one charging a daytime burglary, and the other a night-time burglary. He was tried under the last count, which, in the charging part, alleges as follows: Zack Jones * * * “with force and arms, then and there in the night-time, a certain house there situate, then and there occupied and controlled by R. Bernadoni, the same then and there being a private residence, feloniously, fraudulently and burglariously, by force, threats and fraud,…