Ullman v. State

Citations

• 1 Tex. Ct. App. 220

Syllabus

<p>>1. Theft—Inhabitant.—Boarders, in a hoarding-house are not “ inhabitants ” within the meaning of Article 739 of the Penal Oode. Paso. Dig., Art. 2372. Wherefore, if one boarder in such a house commits a theft of property from a fellow-boarder’s room in the same house, his offense is not mitigated, by the provisions of that Article, from theft from a house to simple theft.</p> <p>-2. Same.—The Penal Oode deals more leniently with domestic servants and other inhabitants of a'house than with other persons, on account of the recognized right of such inhabitants to enter any part of the house at all times; but a boarder in the house has no such unlimited right of entry, and is not more favored in this respect than a stranger.</p> <p>■'8. Same.—See the opinion of the court in this case for distinctions affecting the construction of the provisions of the Penal Code above referred to.</p>