Hobbs v. State

Citations

• 44 Tex. 353

Syllabus

<p>1. Indictment.—The joinder in one indictment of the charges of theft and burglary is not a ground for arrest of judgment upon such in- • dietment on a conviction for burglary.</p> <p>2. Burglary.—The increased punishment fixed by the statute for the use of violence in effecting the crime of burglary, is attached to the use of actual force directed to effecting an entrance or toward some person, and such violence must be alleged to sustain a verdict for. the increased punishment.</p> <p>3. Same—Charge of court.—In an indictment for burglary, in which there was no allegation of force, it is error to instruct the jury that if the defendant “ effected the entry by force ” the increased punishment could be assessed.</p> <p>4. Bill of exceptions.—Without a bill of exceptions the action of a court in refusing a motion to change the venue will not be considered.</p>