Gary Wayne Browning v. State Texas

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 is rebuttable." Appellants objection to this portion of the charge was overruled. In an unpublished opinion the Dallas Court of Appeals held that this statement in the charge "is a substantially correct statement of the current Texas law," and affirmed the conviction. Browning v. State, No. 05-83-01098-CR (Tex.App. -- Dallas, delivered January 11, 1985). We granted appellants petition to review this holding of the court of appeals.