Alexander v. State

WOODLEY, Judge.

This is a conviction for nighttime burglary of a private residence ; the punishment, five years in the penitentiary.

*461At the outset, we are confronted with the attack upon the sufficiency of the indictment, the charging portion of which reads as follows:

“Grady Alexander did, then and there unlawfully in the nighttime, commit the offense of burglary, by then and there discharging firearms, to-wit: a shotgun, into the house of Israel Smith, with the intent then and there of committing a felony, to-wit: he, the said Grady Alexander did then and there with malice aforethought,…