Reyes v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of burglary, the punishment' assessed being two years in the penitentiary.

Motion in arrest of judgment was urged in the court below because the burglarized house was shown to be a private residence, and the indictment failed to so charge. An inspection of the indictment shows that it is in the usual form, charging burglary of the house then and there occupied by the alleged owner, but did not allege that it was a private residence. The facts show that the house was burglarized in the day time, and not at night. Article 839a, Penal Code,…