[JimRed]

...breaking and entering, but not robbery or burglary.

So, if I'm reading you correctly, breaking and entering is not burglary? Even if you take something? I recall that property from the house was found on the corpses.

OK, I give up; hang Mr. Horn for doing a public service!

[Godwin1]

The “shot in the back” is a red herring. You can be advancing towards me, I raise my weapon to defend myself and,at the last mili-second, you twist your body around to avoid being shot—voila the “shot in the back”—doubtless what happened here.
The plainclothes officer “witness” is likely a total fabrication. Senior police officials and Houston politicians have clearly decided to lynch Horn to appease the Quannel Xs of the region. They knew their case was weak—so they fabricate a witness. Nothing new here —cops perjure themselves every day. If there was a Houston cop there, why he he not intervene? This will not fool a jury of decent honest Texans.

[spunkets]

"I recall that property from the house was found on the corpses."

Yes, $2000 plus jewelry and stuff.

[WL-law]

So, if I'm reading you correctly, breaking and entering is not burglary?

In most states, breaking and entering is the crime of breaking in, and larceny/theft is the crime of theft, but burglary is an aggravated level of crime when you break and enter in the nighttime with the intent of theft.

As many have pointed out, this isn't the way burglary is defined in Texas -- there is no requirement that the event occur in the nighttime.