OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW
CLINTON, Judge.
Appellant was convicted of burglary of a habitation and after proof of one prior conviction his punishment was assessed at twenty years' confinement. The trial court in its charge on guilt/innocence instructed the jury that, "Our law provides that the act of breaking and entering at nighttime raises a presumption that the act was done with the intent to commit theft. Such presumption...
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