Levine v. State

Citations

• 22 Tex. Ct. App. 683
• 3 S.W. 660
• 1887 Tex. Crim. App. LEXIS 18

Syllabus

<p>Burglary—Charge op the Court should respond to the ease as made by the indictment and the evidence. The indictment in this case charged a burglary by breaking into and entering the house by force, threats and fraud. The evidence disclosed an entrance by day through a window. The court charged the jury that a “burglary is constituted by entering a house by force, threats or fraud by night. * * * The offense may be committed by entering the house during the day time and remaining concealed therein until night. ® * ? It (the force) may be by lifting the latch of a door that is shut, or by raising a window, the entry at a chimney, or other unusual place; the introduction of the hand or any instrument to draw out the property through an aperture made by the offender for the purpose.” Held, that these instructions were erroneous because unwarranted by any evidence in the ease, and having been opportunely excepted to, the code expressly necessitates a reversal of the conviction.</p>