Chandler v. State

I respectfully concur in the result reached by the majority opinion.

The appellant was indicted for burglary of a habitation with the intent to commit theft. After the state presented its evidence, the defense sought an instructed verdict on the ground that there was no evidence that the structure involved in the offense was a “habitation” as defined in the Texas Penal Code.

The jury was charged with the offense of burglary of a habitation and the lesser included offense of burglary of a building. Appellant objected to the burglary of a habitation charge.

During jury deliberations the jury sent…