Morgan v. State

It is possible a defendant may be prosecuted for burglary of a habitation even when he lives in said habitation with the victim. The Penal Code definition clearly states that the owner of property is a person who has “a greater right to possession of the property than the actor.” Though the defendant was living with the victim, she maintained a greater right to possession of the property because it was in her name, she paid the rent, and she invited the defendant to live there. Read.