Burney v. State

The indictment contains no allegation that immediately before it was cut the telephone wire was capable of being used for the transmission of telephone communication, yet the court in his charge properly, I believe, instructed the jury that even though they believed beyond a reasonable doubt that the defendant cut and injured a telephone wire, as alleged in the indictment, “before you can find the defendant guilty you must further find and believe beyond a reasonable doubt that immediately before such action of defendant, if any, said wire was then and there capable of being used for the…