State v. Wallace

McGRAW, Justice:

This case presents the question of whether an indictment for burglary under W. Va.Code § 61 — 3—11(a) (1993) must specifically allege that such offense was committed “burglari-ously.” Failing to discern any talismanic significance in such word, we conclude that this common-law pleading requirement did not survive adoption of the West Virginia Rules of Criminal Procedure.

I

BACKGROUND

Defendant was charged on April 7,1998 by a two-count indictment alleging burglary, W. Va.Code § 61 — 3—11(a), and petit larceny, W. Va.Code § 61 — 3—13(b) (1994). Count I of the indictment charged…