Court of Criminal Appeals of Texas

Earnest Moss, Appellant v. the State of Texas, Appellee

November 15, 1978574 S.W.2d 542

Summary

The Court affirmed the conviction, reforming it from burglary of a habitation to burglary of a building because the evidence did not establish the house as a habitation, though it supported a building conviction. A dissent argued the majority erred in reversing and remanding and raised double jeopardy concerns.