OPINION
LEVY, Justice.
A jury convicted appellant of burglary of a habitation with the intent to commit theft and assessed punishment at 40 years confinement.
In his sole ground of error, appellant contends that the jury charge is fundamentally defective because it instructs the jury that the law presumes that a person who enters a habitation at night has the intent to commit theft. Appellant did not object to the charge at trial.
The charge...
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