Fagan v. State

The indictment in this case charged and accused “Frank Fagan with the offense of burglary, for that said accused, in the county of Fulton and State of Georgia, on the 9th day of October, 1928, with force and arms, did break and enter the dwelling house of Nellie Brewer, where valuable goods were contained, with intent to commit a felony, said felony being the intent to kill and murder the said Nellie Brewer.” “The intent to kill and murder the said Nellie Brewer” is a material issue and essential to a conviction under this indictment. ’“The position that descriptive averments can not be…