Dodd v. State

MORROW, Presiding Judge.

The offense is burglary, punishment fixed at confinement in the penitentiary for a period of two years.

In the indictment the entry of the house óf R. G. Friddle for the purpose of theft is charged. The proof made was that the private residence of R. G. Friddle was entered for the purpose of theft at nighttime. Under Arts. 1389 and 1390, P. C., 1925, the penalty for the burglary of a house, whether committed in the daytime or nighttime, is confinement in the penitentiary for not less than two nor more than twelve years. In Art. 1391, P. C., 1925, the offense of burglary…