State v. Robertson

Citations

• 32 Tex. 159

Syllabus

<p>1— Burglary, as defined in our Penal Code, may be committed by methods which were not known to the common law.</p> <p>2— See the opinion of the court in this case for a discussion of the several statutory provisions of the Code respecting the crime of burglary.</p> <p>3— It is burglary under the Penal Code of this State to enter a house in the day time, by breaking, with intent to commit a felony. u</p> <p>4— The word “ breaking,” used in the statute, implies actual force, but not such force as would necessarily amount to violence.</p> <p>3—In all cases the entry must be with a felonious intent; which intent is manifested after the entry by the attempted or actual commission of some specific felony, and which ought to be alleged in the indictment, according to the facts of the case.</p> <p>0—See this case for an indictment which, though inartistically drawn, is held to be sufficient in a prosecution for simple burglary, by entering a house in day time, by breaking, with intent to commit a felony.</p>