GILBREATH v. STATE

No. 26464.

259 S.W.2d 223 (1953)

GILBREATH v. STATE.

Court of Criminal Appeals of Texas.

June 17, 1953.


Attorney(s) appearing for the Case

Allen & Allen, Hamilton, Harry Ward, Mays & Mays and Dave Miller, by Chas. Mays, Fort Worth, for appellant.

Wesley Dice, State's Atty., of Austin, for the State.


DAVIDSON, Commissioner.

This is a conviction for the burglary of a house alleged to be occupied and controlled by S. B. Starnes, with punishment assessed at two years' confinement in the penitentiary.

Do the facts support the allegation of the indictment that S. B. Starnes was the owner of the burglarized building? There ought to be no difficulty in proving ownership of the building in a burglary case. Actual ownership is not the test; to the contrary, the...

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