Smith v. State

OPINION

NYE, Chief Justice.

Appellant was charged with the offense of burglary of a habitation. Tex. Penal Code Ann. § 30.02 (Vernon 1974). Two prior felony offenses were alleged in the indictment for enhancement purposes. The jury found appellant guilty'and assessed punishment at thirty years of confinement. Appellant challenges the sufficiency of the evidence to support his conviction and complains the indictment is defective.

By his first and second points of error, appellant contends the evidence was insufficient to convict him, either individually or as a party to the burglary. Appellant…