Martinez v. State

DAVIDSON, Presiding Judge.

This conviction was for burglary. The indictment contained two counts; the conviction occurred under the first, which charged that appellant by force, threats, and fraud, in the daytime, did burglariously and fraudulently break and enter a house then and there at the time of the commission of the offense, occupied by J. J. Warren as a private residence without the consent of the said J. J. Warren, etc. There was a motion in arrest of judgment urged, first, because the indictment does not allege that the house was occupied and actually used as a private residence by…