Mays v. State

HENDERSON, Judge.

Appellant was convicted of burglary in the night-time, and his punishment assessed at four years confinement in the penitentiary; hence this appeal. Appellant insists that the proof shows that the burglary committed was of a private residence, but under the indictment, which was simply an allegation of a burglary of a house at night, appellant could not be convicted, inasmuch as the burglary of a private residence is a distinct offense with a different punishment. The proof showed that at the time of the alleged burglary the building charged to have been burglarized was a…