Rich v. State

HAWKINS, Presiding Judge.

Appellant was convicted of burglary and his punishment assessed at twelve years in the penitentiary.

It was alleged in the indictment that appellant entered the house of Ray Mickle with the intent to take therefrom personal property and appropriate it “for” the use and benefit of appellant. A motion in arrest of judgment attacked the indictment because the word “for” was used instead of the word “to” in the definition of theft. (See Art. 1410 P. C. defining theft.) Contention is made that this was fatal to the indictment. With such contention we do not agree. After…