Brown v. State

KRUEGER, Judge.

The offense is burglary. The punishment assessed is confine-' ment in the State penitentiary for a term of five years.

Appellant brings forward but one complaint which relates to the action of the trial court in declining ü> give his requested instruction to the jury to return a verdict of not guilty. It seems that the requested instruction is based upon the theory that the evidence did not support the conviction for the nighttime burglary of a private residence as charged in the indictment. The correctness of this contention of necessity depends upon the evidence adduced on the…