Wilcox v. State

Citations

• 45 Tex. 146

Syllabus

<p>Indictment — Charge of the court. — The. defendants being tried upon a charge of burglary in the common-law form, without stating that the house was entered by violence of any kind, the judge instructed the jury that “if you believe from the evidence that the force used to enter said house consisted of violence of any character, you may increase the punishment of the defendant or defendants so found guilty, to confinement in the penitentiary for any length of time not to exceed double the time above specified,” (five years.) The verdict of tiie jury was ten years for eacli of the defendants : Held, The charge of the court was erroneous and the verdict unwarranted, as the indictment did not charge that the house was entered by violence of any kind.</p>