Lewis v. State

DAVIDSON, Presiding Judge.

was convicted of burglary, his punishment being assessed as five years confinement in the penitentiary.

The second count in the indictment charged burglary at night. The question is, whether it sufficiently charges the burglary as being of ;a private residence as required by the statute. Omitting formal parts, the indictment charges that "* * * in the nighttime, a certain house there situate, the same being occupied and actually used by a family as a private residence, then and there occupied and controlled by B. W. Collins feloniously, fraudulently and burglariously,…