True v. State

DAVIDSON, Presiding Judge.

Appellant was convicted for burglarizing a railroad car. The indictment alleges that the burglary was committed by force, threats and fraud. The court submitted the case upon the theory that it was a night-time burglary. The contention is made that this was error, and that under the allegations it could only be daytime burglary. The allegation is sufficient to support either a night- or daytime burglary. Carr v. State, 19 Texas Crim. App., 635. The evidence shows beyond controversy that the entry was at - night. The State’s evidence is to the effect that appellant…