Clark v. State

WOODLEY, Judge.

The offense is burglary of a private residence at night.

The indictment alleged a prior conviction for burglary. The jury found appellant guilty of the primary offense and further found that the allegations of the indictment as to the prior conviction were true.

Upon the jury’s verdict, the trial judge entered judgment ordering appellant’s confinement in the penitentiary for not less than 99 years nor more than 99 years. The appeal is from such conviction.

The statute fixes the punishment for burglary of a private residence at night at “any term not less than five years.” Art.…