Moss v. State

OPINION

DALLY, Judge.

This is an appeal from a conviction for the offense of burglary of a habitation; punishment is imprisonment for 5 years.

Appellant contends that the evidence is insufficient to sustain the conviction because it was not proved that he had the intent to commit theft at the time he entered the house in which he was found, nor was it proved that the house was a habitation within the statutory definition.

Appellant was arrested at night hiding behind a mattress and box springs which *544were leaning against a wall of the front room of an unoccupied house in Dallas. He had entered the…