Miller v. State

DAVIDSON, Presiding Judge.

The indictment charges that appellant did unlawfully by force, and at night, discharge firearms, to wit: a gun, into the house of Walter Hill with the intent to injure him, the said Walter Hill, who was then and there in said house; the said house being then and there occupied and actually used by the said Walter Hill as a private residence, against the peace and dignity of the State.

It will be seen from the allegations that the pleader was undertaking to charge a violation of the statute which prohibits burglary at night of a private residence.

The statute provides…