Green v. State

This is an appeal from a conviction for attempted burglary, wherein the punishment was assessed at ten (10) years by the jury.1

At the outset appellant complains the indictment is fatally defective in that it fails to allege a substantial element of the offense charged. The indictment, omitting the formal parts, alleges that the appellant “on or about the 28 day of August in the year of our Lord One Thousand Nine Hundred and 74 in the County and State aforesaid, did then and there unlawfully intentionally and knowingly and without the effective consent of Clyde E. Cuxnbie, hereinafter called…