Malley v. State

DAVIDSON, Presiding Judge.

The appellant was convicted of burglary, his punishment being assessed at confinement in the penitentiary for a term of five years.

The charging part of the count in the indictment which was submitted to the jury is as follows: That appellant “on or about the 14th day of September, 1909, in the county of Bexar and State of Texas, during the hours of said day, did unlawfully, by force, threats and fraud, enter a house then and there occupied and controlled by Simon Frank, without the consent of the said Simon Frank; and the said Eobert Malloy did remain concealed in…