Blankenship v. State

BLEIL, Justice.

Elmer Blankenship appeals his conviction for burglary of a habitation, Tex.Penal Code Ann. § 30.02 (Vernon 1974), contending that the evidence is insufficient to support a conviction since the State failed to prove that the structure in question was a habitation. We affirm the judgment of the trial court.

On the night of August 19, 1984, while Perry Weeks was returning to his father’s house near Leesburg, Camp County, he passed another house owned by his family. The Weeks formerly rented this house but it was not rented at that time. When he passed the rental house, he saw a…