Chavez v. State

OPINION

NYE, Chief Justice.

This is an appeal from a conviction for burglary of a habitation with intent to commit rape. The court, after a jury verdict, assessed punishment at twenty-five years imprisonment.

On three grounds of error, the appellant contends that the indictment is fundamentally defective; that the evidence is insufficient to sustain the conviction; and that the charge of the court contains two fundamental defects.

An indictment that fails to allege the constituent elements of the offense is a *468defect which is jurisdictional. We have examined the subject indictment and find that,…