Alexander v. State

MORROW, Presiding Judge. —

Burglary is the offense; penalty assessed at confinement in the penitentiary for five years.

The indictment contains two counts, the first of which is based upon Art. 1391, and the second count upon Art. 1390, P. C., 1925. The conviction is upon the first count in which it is charged in effect that appellant unlawfully entered the house of J. A. Graham, “the same being the private residence of J. A. Graham, the same then and there being a house occupied and actually used by the said J. A. Graham as a place of residence, with the intent then and there to take from the…