Stwalley v. State

I concur with the decisions reached by the majority, except for that part which affirms appellant’s burglary conviction. I would reverse that conviction, and remand the case for retrial on that charge. The charge of burglary and the final instructions informed the jury that appellant was charged with breaking and entering the dwelling of another with the intent to commit a felony therein. The felonious intent was not described in the charge or in the instructions in any more particular manner. When a burglary charge fails to designate the particular felony which the accused intended to…